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Colorado School Law. 



With the Opinions of the Superintendents of Public 

Instruction, and Questions from Teachers' 

Examinations. 



COMPILED AND ARRANGED FOR THE USE OF 
TEACHERS AND STUDENTS, 



-BY- 



S. ARTHUR JOHNSON, M. S., 

Teacher of Mathematics and Science^ Denver 
High School, Dtst. No. 2. 

EDITED BY 

FRED DICK, A. B., 

Ex-Superintendent of Public Instruction, Principal of the 
Denver Normal and Preparatory School. 




(Copyright 1899. 



Denver, Colo.: 
The Bagley-Tully Printing Co. 

1899. 



^Udl 






34751 



bWO QQ^ 



-'*»!»,&; 




PREFACE. 

In writing this book an effort has been made 
to lay the foundation for a standard work on the 
school law of Colorado, designed, especially for the 
use of teachers and students. Difficulty with this 
subject arises, we believe, not so much from its 
intricacy, as from lack of systematic arrangement. 
It is impossible to make an analysis which is 
altogether satisfactory. Many items should appear 
under several heads, while others are arranged 
only with difficulty under any logical outline. To 
avoid repetition cross references have been freely 
used and the whole volume carefully and fully 
indexed. The references in the text are explained 
in a table printed in the back of the book. 

The writer while endeavoring to keep in mind 
the needs of teachers and students, has spared no 
effort to make the text a complete and safe guide 
to school officers and others interested. The chief 
sources of information have been "'The School Law 
of the State of Colorado," published in 1897, the 
published opinions of the Superintendents of Public 
Instruction, and the enactments of the General 
Assembly in the present year. 

In the hope that a long felt want in the 
educational literature of our state will be met, this 
volume is given to the public. 

S. A. J. 

Denver, Colo., 15 May, 1899. 



Table of Contents. 



Chapter I. 
Chapter II. 
Chapter III. 



Chapter I. 
Chapter II. 
Chapter III. 
Chapter IV 
Chapter V. 
Chapter VI. 



Chapter 1. 
Chapter II. 
Chapter III. 
Chapter IV. 



BOOK I. 
territorial organization. 

County: Organizing a School District 
The School District - - - - 
County and Union High Schools - 

BOOK II. 

THE SCHOOL SYSTEM. 

Establishment and General Regulations 
Supervision — State - - - - 
Supervision — County - - - 
Supervision — District 
The Teacher .... 

Public Libraries . . . . 

BOOK III. 

SCHOOL REVENUES. 

General Regulations: State Funds 83-86 

County Funds 87-92 

District Funds . - - . 92-97 
District Bonded Indebtedness - - 97-103 



PAGE 

9-13 
13-21 
21-26 



27-40 
40-46 
46-55 
55-66 
66-78 
79-82 



BOOK IV. 
STATE INSTITUTIONS. 

The University of Colorado 

The State Agricultural College 

The State Normal School 

The State School of Mines - 

The Deaf, Mute and Blind Institute - 

Teachers' Normal Institutes - 

TABLE OF REFERENCES - 

INDEX . . - - - 



105-106 
106 

106-110 
111 
111 

112-115 

i-iii 

v-xi 



Colorado School Law. 



BOOK I. 
TERRITORIAL ORGANIZATION. 



CHAPTER I. 
county: organizing a school district. 

1. County Organization and Classification. 

For convenience in administration the State is divided 
by the legislature into counties. For the purpose 
of regulating the pay of county officers the coun- 
ties are divided according to population into five 
classes. Arapahoe is first class ; El Paso and Pueblo, 
second class; Boulder, Fremont, Lake, Las Animas, 
Pitkin and Weld, third class; Chaffee, Clear Creek, 
Conejos, Costilla, Douglas, Eagle, Garfield, Gilpin, 
Gunnison, Huerfano, Jefferson, La Plata, Logan, 
Larimer, Mesa, Montrose, Otero, Ouray, Park, 
Prowers, Rio Grande, Saguache, and San Miguel, 
fourth class; Archuleta, Baca, Bent, Cheyenne, Cus- 
ter, Delta, Dolores, Elbert, Grand, Hinsdale, Kiowa, 
Kit Carson, Lincoln, Mineral, Montezuma, Morgan, 
Phillips, Rio Blanco, Routt, San Juan, Sedgwick, 
Summit, Washington, and Yuma, fifth class. (J, 1.) 
(See salaries of County Superintendent.) 



10 COLORADO SCHOOL LAW. 

When, in orgainzing a new county, the lines 
divide school districts which are already organized, 
these districts are thereafter treated as joint districts. 
(VII, 74.) (See Sec. 15.) 

2. The School District: Legality and Elec- 
tors. All school districts which have exercised the 
rights and privileges of legally organized districts 
undisputedly for one year after the election of their 
officers are legal, and the legality of their organiza- 
tion can not thereafter be questioned. (C, 42, 43.) 

A legally qualified voter must possess the fol- 
lowing qualifications: (1) He must be tw^enty-one 
years of age; (2) He must be a citizen of the 
United States, or have declared his intention to be- 
come such not less than four months before he offers 
to vote; (3) He must have resided in the State 
six months immediately preceding the election at 
which he ofi[ers to vote (B, VII, 1), in the county 
ninety (VIII, 200), and in the district thirty days. 
(C, 45.) Electors possessing these qualifications 
may vote upon all questions except the proposition 
to create bonded indebtedness. (See District Bonds. ) 
(X, 206.) 

Women are accorded equal privileges with men 
in the matter of votiug. (B, VII, 2.) The wife of 
an alien becomes naturalized upon the naturalization 
of her husband. (VIII, 208.) 

3. The School District: Organization in Or- 
ganized Territory. In organized territory the par- 
ents of at least ten children of school age residing 
within the limits of the proposed new district petition 



COLOEADO SCHOOL LAW. 11 

the county siiperintendent in writing. Tlie petition 
describes the boundaries of the proposed new district, 
^nd contains the names of all the children of school 
age residing within them. 

If the county superintendent favors the forma- 
tion of a new district (see duties of Co. Supt.), he 
directs some one of the petitioners who is a legal 
voter to notify each elector residing within the dis- 
trict to be formed, personally if possible, and to post 
a notice in three public places in said new districh 
The notice states that such petition has been made,, 
and that a meeting will be held, naming the time a^nd 
place, to determine the question of the proposed 
organization. (C, 27.) 

No district can be divided unless it contains 
more than nine square miles; neither can it if it 
leaves less than fifteen persons of school age remain- 
ing in the old district. When practicable, the district 
should conform to government lines. No town nor 
city can be divided into two districts, and no district 
of the first class can be divided except upon the vote 
of the electors at an annual election. (C, 28.) 

The assembled electors first elect a chairman and 
secretary. Th ey then vote directly by ballot on the 
question w^hether or not the new district shall be 
organized, those in favor of organization voting 
" Yes,'' and those o^^posed ''No." • If not less than 
two-thirds of the legal ballots are found to be " Yes," 
the meeting elects by ballot a board of directors who 
hold office until the next regular ensuing election. 
The secretary of the meeting immediately transmits 



12 COLOEADO SCHOOL LAW. 

to the county superintendent a copy of the proceed- 
ings of the meeting. If the county superintendent 
finds them to be in accordance with the law, he 
numbers and establishes the district. (C, 28.) (See 
Duties of Co. Supt.) 

4. Organization in Unorganized Territory. 
The formation of a district in unorganized territory 
differs from the above only in that: (1) A petition 
to the county superintendent is not necessary; (2) 
Only a majority vote on the question of organization 
is necessary; and (3) The report of the secretary 
must be accompanied by a school census of the 
proposed district. (C, 27.) 

5. Maintaining Organization. To maintain its 
organization a new district must begin a school within 
six months from the election of officers. The county 
superintendent may for good reasons extend the time 
to eight months. Failure to begin school within the 
required time annuls all proceedings, and taxes which 
may have been levied in the old districts, meanwhile, 
become valid in the new district the same as though 
it had not been organized. (C, 30; VII, 77; VIII, 
197.) (See District Funds.) 

6. New District Funds. **A new school dis- 
trict, as soon as its organization is complete, is 
entitled to its share of the special fund standing to 
the credit of the old district of which it was formerly 
a part; also to receive each month its share of the 
uncollected special tax, providing always that a 
school has been commenced in the district.'^ (VII, 
76; X, 211.) (See District Funds.) No school ex- 



COLORADO SCHOOL LAW. 13 

cept one organized according to law is entitled to 
recognition. (VII, 198.) 

Questions. 

1. Who are the legal voters at a school elec- 
tion? (X, 297.) 

2. Who organizes counties! Name the counties 
of the first and second classes. 

3. What is a legal school district! 

4. How does the wife of an alien become natu- 
ralized! 

.5. Write in their order the steps to be taken in 
forming a school district from organized territory. 

6. How does the organization in unorganized 
territory differ from that in the organized! 

7. How does a new district maintain its organi- 
zation? 

CHAPTER II. 

THE SCHOOL DISTRICT. 

7. Classification and OiRcers. Districts hav- 
ing a school population of more than one thousand 
are first class; those having a school population of 
three hundred and fifty and not more than one thou- 
sand, are second class; all others are third class. 
Districts of the first class have five directors, who 
hold office for five years. One director is elected 
each year. This board elects its own officers, who 
consist of a president, who must be a member of the 
board; a secretary, who may or may not be a mem- 



14 COLOEADO SCHOOL LAW. 

ber of the board ; and a treasurer, who must not be a 
member of the board. These officers are elected for 
one year and hold office until their successors are 
elected and qualified. Districts of the second and 
third classes have three directors who hold office for 
three years. The voters elect a president one year, 
a treasurer the next, and a secretary the third, elect- 
ing an officer to fill each vacancy as it occurs. 
(C, 41.) In newly organized districts the electors 
at the first regular election after organization elect 
a full board consisting of a president for three years, 
a secretary for two years, and a treasurer for one 
year. (0,41; VIII, 200.) A few districts in the 
state, acting under a special charter, are practically 
independent in their action. (2, 78.) All direc- 
tors hold office until their successors are qualified. 
(C, 42.) 

At the annual election, after the regular school 
census of any district shows a school population of 
more than one thousand, the electors elect one direc- 
tor for three years, one for four years and one for 
five years. Each year thei'eafter one director is 
elected. The officers of the old district do not hold 
over, and the board proceeds to elect officers. (VIII, 
186.) 

8. The Annual Meeting: Time and Call. The 
regular annual election is held in each district on the 
first monday in May. The secretary posts written 
or printed notices in at least three public places in 
the district, one of which must be the school house, 
if there be any, at least six days previous to the 



COLORADO SCHOOL LAW. 15 

time of election. In districts of the first class it 
must be published weekly for four weeks next pre- 
ceding the election, in some newspaper published in 
the district. If no newspaper is published in the 
district, the notice must appear in a newspaper pub- 
lished in an adjoining district. The notice states the 
day and the place or- places of election; the time 
during which the ballot boxes are kept open, which 
shall not be less than three hours; and at what hour 
and place any other business shall be transacted. If 
the notice fails to state the hours for voting, the 
ballot box shall be open from 9 a. m, to 4 p. m. 
(C, 44.) 

If the secretary fails to give legal notice, any 
two legal voters of the district may give such notice 
over their own names, and the election may be held 
after the first Monday in May. (C, 44.) If the 
annual election is not held, and a special election is 
not called within ten days thereafter, the county 
superintendent should fill vacancies by appointment, 
(VII, 83.) 

9, The Annual Meeting: Election. In dis- 
tricts of the first and second class any person who 
desires to be a candidate for the office of school 
director must file a written notice of such intention 
with the secretary of the district in which he resides 
at least eight days before the election. The secre- 
tary, for five successive days before the election, 
must publish in some daily paper in the district or 
when no daily paper is published in the district, must 
post written or printed notices in not less than ^ve 



16 COLOKADO SCHOOL LAW. 

public places in the district, the names of all candi- 
dates who have filed notices. He must also have 
printed ballots prepared having the names of tlie 
legal candidates written or printed thereon. (C, 45.) 

In first class districts the boards may select more 
than one voting place, divide the district into voting 
precincts, and appoint the * judges and necessary 
clerks in addition to those required in other districts. 
In all other districts the directors act as judges. 
Should a judge be absent at the opening of thQ polls, 
the electors present appoint a legal voter to fill the 
vacancy. Any person offering to vote may be chal- 
lenged. Such person is required to take an oath 
administered by one of the judges before he is per- 
mitted to vote. (C, 44.) No registration is required 
for school electors. (X, 211.) 

Immediately after closing the polls the judges 
meet at one of the voting places, which has been 
previously designated by the board, and count the 
votes. The qualified person or persons receiving the 
highest number of votes is declared elected, and a 
report of the election, signed by the judges, is trans- 
mitted to the school board. 

If no election is held at the required time, or 
there is a tie vote for one or more of the officers, or 
more ballots have been found to have been cast than 
there were persons voting, a special election is called 
by the board within ten days, notice being given as 
for a regular meeting. (C, 46; X, 211.) 

10. Annual Business Meeting. The notice of 
election must state the time and place of the business 



COLOEADO SCHOOL LAW. 17 

meeting. (C, 44.) (See Call.) Each regularly or- 
ganized school district is a body corporate, and may 
hold property and be a party to suits and contracts 
the same as municipal corporations. (C, 40.) It 
may take and hold so much real estate as may be 
necessary for the location of a school house and 
grounds, but such amount must not exceed one acre 
without the consent of the owner. (C, 49.) The 
electors at the annual business meeting may instruct 
the directors to: (1) Build or remove school houses, - 
(2) Purchase or sell lots, (3) Furnish free text books 
for the use of all pupils. (C, 51.) In general, the 
electors may transact all lawful business pertaining 
to schools and school interests. (C, 44.) 

In districts of the third class the electors have 
the following powers : 

1. To appoint officers in the absence of the 
regularly elected ones. 

2. To adjourn from time to time. Any busi- 
ness may be transacted at an adjourned meeting, 
(X, 211.) 

3. To fix the site for each school house. The 
directors have no power to do this. (VIII, 209.) 

4. To order tax levy; to pay teachers; pur- 
chase or rent grounds; build or rent school houses; 
buy furniture, books, fuel, or stationery; and defray 
all contingent expenses. 

6. To adopt rules of order for the government 
of district meetings. 

11. Special Meetings: Third Class Districts. 
The board of directors in a third class district may 



18 COLOKADO SCHOOL LAW. 

call a special meeting of the electors to transact any 
legal business at any time. When petitioned by ten 
legal voters they must call the meeting. Notices 
statitig the time and object or objects of the meeting 
must be posted in three places, one of which shall be 
the place of meeting, at least twenty days before the 
time of meeting. Only business stated in the notice 
may be transacted. (C, 62.) A meeting held on 
Labor Day is legal. (VIII, 205.) 

12. Union of Districts. Two or more adjoin- 
ing districts may be united. Each district must hold 
a separate meeting, and vote by ballot upon the 
question of union, those in favor voting "Yes," and 
those opposed "No.'' If a majority vote in each 
district is in favor of union, a joint meeting is then 
called at ten days' notice, and organization effected 
as in new districts. On notice from the county super- 
intendent, the county treasurer places to the credit of 
the district the funds remaining to the credit of the 
districts from which it was formed. (0,29.) (See 
Sec. 3.) 

13. District Boundaries. A portion of unor- 
ganized territory may be annexed to a school district ; 
or a portion of one district may be detached and 
annexed to an adjoining district; upon a petition of a 
majority of the legal voters resident within the terri- 
tory. (C, 29.) However, if the formation of a new 
district, or the transfer of territory, works great 
hardship to the head of any family, he may submit 
a statement to the county superintendent and two 
disinterested persons, one to be chosen by the county 



COLORADO SCHOOL LAW. 19 

superintendent and one by the person aggrieved, and 
if in their judgment good cause is shown, the injured 
person may be transferred to another district. 
(C, 28.) Territory cannot be detached from one 
district and annexed to another by the county super- 
intendent except upon petition, unless the boundaries 
are conflicting. (VII, 74; VII, 86; VIII, 197.) 
(For taxation of detached territory, see District 
Funds.) 

14. Districts Aiiiiiilletl. A school district may 
be annulled if it fails for one year: (1) To maintain a 
school, (2) Keep up its organization, and (3) Make 
the annual report. (C, 30.) An opinion makes it 
necessary for a district to fail in all these items 
before it can be annulled. (X, 211.) Other opin- 
ions make four months of school necessary to main- 
tain organization. (VII, 80; VIII, 197.) The law 
states that every school shall be open for at least 
four months in the year. (C, 77.) All opinions 
agree, however, that failure on the part of the dis- 
trict secretary to report is not sufficient cause for 
annulling the district. (VIII, 198; X, 211.) When 
a district is annulled, the territory is annexed to an 
adjoining district. (C, 30.) 

15. Joint Districts. A joint district is one 
that lies in two or more counties. The method of 
organization is the same as in other districts, except 
that the required petition shall be presented to each 
of the county superintendents interested and they 
unite in forming the district. The school census, 
record of attendance, the assessing of property, col- 



20 COLOKADO SCHOOL LAW. 

lection of taxes, and other acts which should be kept 
distinct, are accomplished as if each portion of the 
district belonging to each county were a separate dis- 
trict; No joint district can be annulled except by 
the consent of all the county superintendents inter- 
ested, or by a majority vote of the electors at a 
meeting called for the purpose of forming separate 
districts. (C, 31.) 

Questions. 

1. When are school elections held? (X, 309.) 

2. Give a good reason for school elections being 
held at that time. (X, 309.) 

3. How are school districts classified? How 
many directors has each class? (VII; VIII, 292.) 

4. How is a new district organized? (VII.) 

5. When does the school year end? (VI, 27.) 

6. What do you understand by a legal notice? 
(X, 309.) 

7. What is a joint school district? (X, 309.) 

8. Give an accurate statement of the method of 
conducting the annual election. 

9. What special provisions are made for candi- 
dates and tickets in districts of the first and second 
classes? 

10. How long are the polls open? 

11. How are judges provided for extra polling 
places in first class districts? 

12. What business may be conducted at the 
annual meeting? 



COLORADO SCHOOL LAW. 21 

13. What special powers have electors in third 
class districts? 

14. How are special meetings called in third 
class districts? (XI, 162.) What business maybe 
transacted at such meetings? 

15. How are school districts united? 

16. In what ways may territory be detached 
from or united to a district? 

17. For what reasons may a district be an- 
nulled? 

18. To whom should reports be sent from a 
joint district? 

19. Make a list of the topics treated in this 
chapter, from memory, and then compare it with the 
text. 

CHAPTER III. 

COUNTY AND UNION HIGH SCHOOLS. 

County High Schools, 

16. Organization. When petitioned by fifty 
taxpayers resident within the county, before their 
regular October meeting, the county commissioners 
of any fourth or fifth class county must submit the 
question of forming the county into one school dis- 
trict for high school purposes, to the qualified voters 
of the county at the next general election. (R, 1.) 
If a majority of the votes cast are favorable to such 
organization, the county superintendent calls a meet- 
ing of the boards of directors of all the districts 
of the county, by written notice through the mail, 
and publication where practicable. (R, 2.) 



22 COLORADO SCHOOL LAW. ' 

17. High School Committee. The assembled 
directors elect by ballot from among the members of 
the boards a committee of four, which is known as 
the high school committee, but no two members of 
any board of directors may at the same time be 
members of such committee. The county superin- 
tendent is ex-officio a member of the committee and 
its secretary. The committee selects from its mem- 
bers a chairman and a treasurer if need be. (E, 2.) 

18. Meetings and Powers. The regular meet- 
ings of the committee are held on the first Saturday 
of March, June, September, and December of each 
year, and special meetings may be held upon the 
call of any two members. The high school com- 
mittee exercises all the powers and performs all the 
duties that were accorded to directors of first and 
second class districts throughout the state at the 
time of the adoption of this act. (E, 5.) The terms 
of admission to county high schools are prescribed 
by the committee, but no tuition may be charged to 
residents of the county. (E, 6.) 

19. Maintenance. The school is maintained 
by a high school tax levied upon all taxable property 
in the county, at the same time as levying other 
taxes. (E, 7.) The amount is stated each year in 
a petition to the county commissioners, signed by 
fifty qualified voters of the county. The total levy 
must not exceed two mills. (E, 5.) This tax is 
collected in the same manner as other taxes, and is 
paid out by the county treasurer on warrants drawn 
by the secretary of the high school committee, signed 



COLOEADO SCHOOL LAW. 23 

by the president and countersigned by one other 
member, (R, 7.) 

20. Committee: Term of Office: Vacancy. The 

term of office of a member of the high school com- 
mittee expires simultaneously with the expiration of 
his term of office as director of the school district 
wherein he resides. Vacancies thus created are filled 
by the boards of directors of the various districts of 
the county at a meeting held not later than thirty 
dsijs subsequent to the occurrence of the vacancy: 
The secretary of the committee shall give each board 
of directors at least ten days notice of the holding of 
such meeting. All vacancies occurring in any other 
manner than by expiration of term of office are filled 
bv appointment by the county superintendent. 
(R, 3.) 

Union High Scliools. 

' 21. Organization. Whenever the school boards 
of two or mere contiguous districts deem it advisable 
to establish a high school, the county superintendent, 
at the request of two of the secretaries of the boards, 
calls a meeting of the boards interested by giving 
personal notice to each member. At this meeting, 
if a majority of the members of each board are 
present, a committee of three is elected from the 
members of said boards which is known as the 
High School Committee of such union school. The 
county superintendent is ex-officio chairman of the 
committee. The committee elects a secretary, and, if 
need be, a treasurer, (C, 33.) The secretary is 



24 COLOKADO SCHOOL LAW. 

elected annually and receives such compensation as 
the committee deems proper to allow. (C, 34.) 
Where a county seat is included in one school district, 
the board has the same powers of establishing and 
maintaining a high school as are given to two or 
more contiguous districts. In such cases the high 
school committee consists of the board of the district 
or such three members of it as they may select, 
(C, 33.) 

22. High School Committee, The members of 
committee hold office during the term they are mem- 
bers of their respective boards. All vacancies in the 
committee, other than such as are caused by the 
expiration of the term of office, are filled by the 
school board of which the person so vacating was a 
member. (0,34.) Every district which contributes 
to the support of the school has, by its directors, a 
voice in the election of the members of the com- 
mittee. (C, 39.) The regular meetings of the com- 
mittee are held on the first Saturday of March, June, 
September, and December of each year, and special 
meetings may be held at any time upon the call of 
the county superintendent, or of two members. 
(C, 35.) 

23. Powers of Committee. The committee 
exercises all the powers with reference to the high 
school that are accorded to and required of school 
boards, and has power to prescribe the qualifications 
of admission to the school. (C, 36.) 

24. Admission. The high school maybe main- 
tained during forty weeks of each year, and is free 



COLOBADO SCHOOL LAW, 25 

to all children in the county who are qualified for 
admission, according to the requirements prescribed 
by the committee. Admission may be made con- 
ditional upon passing prescribed examinations. 
(C, 38.) 

25. Funds. After the first establishment of 
the high school it is maintained until the next regu- 
lar apportionment of the county fund by each dis- 
trict which has children attending the school, placing 
to the credit of the high school fund, such part of the 
whole expenses as shall be proportioned to the num- 
ber of pupils attending the high school from the 
district. After the first year, or portion of a year, 
the high school is rated as a separate district. It 
then draws its quota from the general fund as a 
separate district and the deficit is made up from the 
several district funds in proportion to the number of 
pupils from each district who attended said high 
school during the then past year. (G, 37.) 

Questions. 

1. How is a county high school organized! 

2. How is the county high school committee 
elected? Who are its officers! 

3. What powers has the county high school 
committee? 

4. How is the county high school supported! 

5. What is the term of office of a member of 
the county high school committee! How are vacan« 
cies filled? 



26 COLOEADO SCHOOL LAW. 

6. Name the steps to be taken in organizing a 
union high school. 

7. How is the union high school committee 
chosen! What rights have patron districts? 

8. What are the powers of the union high 
school committee! 

9. What are the conditions of admission to a 
union high school! • 

10. How is the union high school supported! 



BOOK II. 
THE SCHOOL SYSTEM. 

CHAPTER T 

ESTABLISHMENT AND GENEEAL REGULATIONS. 

26. Establislimeiit and Organization, A pub- 
lic school is one that derives its support entirely or 
in part from moneys raised by a general state, county, 
or district tax. (C, 76.) The constitution authorizes 
the general assembly to organize school districts 
which shall be under the direction of boards of 
directors consisting of three or more in number. 
(B, IX, 15.) School must be held within a building 
situated within the boundaries of the district. (VH, 
80.) 

27. Terms as Regards Time. The school year 
begins on the first day of July and ends on the thir- 
tieth day of June. A school month consists of four 
weeks, a school week of five days, and a school day 
of not over six hours, excluding the noon recess. 
(C, 79.) 

A district failing to maintain school for at least 
three months is not entitled to receive any portion of 
the school funds for the year. (B, IX, 2; C, 75.) 
(See Sec. 14.) 

28. Legal Holidays. The legal holidays are 
Thanksgiving Day, Christmas, New Years Day, 



28 COLORADO SCHOOL LAW. 

Washington's Birthday, Decoration Day, Labor Day, 
Fourth of July, and Election day in November. 
(C, 79.) When a legal holiday falls on Sunday, the 
school should observe the day on which the banks 
are closed. (VIII, 205.) 

29. Arbor Day. The third Friday in April is 
set apart as Arbor Day, but if climatic conditions 
make some other day more desirable, the county 
superintendent may change the time by giving due 
notice. This is a holiday for the schools only, and 
school officers and teachers are required to have 
pupils observe it by planting trees, or other appro- 
priate exercises. Annually the Governor issues a 
proclamation calling the attention of the people to 
the day. The Superintendent of Public Instruction 
and county superintendents do all in their power to 
promote the cause, and the county superintendents 
are required to make annual reports to the Forest 
Commissioners of the action they have taken. (F.) 

30. School Census. A school census is a cen- 
sus of all persons over six and under twenty-one 
years of age. (B, IX, 2; C, 80.) Every public 
school except high schools is open to all children of 
school age. The board of directors has power to 
admit adults and children not residing in the district, 
and to fix the terms of admission. (C, 77.) 

The school census is taken annually by the dis- 
trict secretary, or some person authorized by him, 
between April 10th and May 1st, and consists of the 
names of all persons of school age who were hona fide 
residents of the district on April 10th. (C, 54.) The 



COLORADO SCHOOL LAW. 29 

list contains the names of the mute and blind who 
are of school age. (VII, 84; VIII, 191.) 

31. Residence* A bona fide resident is one who 
makes his permanent home in the district. (VIII, 
208.) The residence of an unmarried person of 
school age is the residence of his parents or guardian. 
He may claim residence there whether he lives with 
his parents or not. (C, 55; VII, 78; VIII, 208.) A 
nonresident is one whose permanent dwelling place 
is not within the district. (VIII, 207; X, 214.) 
When a family resides regularly a part of the year in 
one district and a part of the year in another, the 
school residence should be the one held on April 10th. 
(VIII, 208; X, 215.) If a person moves his family 
into a school district for the purpose of availing 
himself of the advantages of that district, and subse- 
quently, during the school year, removes from the 
district, he is not a resident. (VII, 78; VIII, 207.) 

32. Census Lists Reported and Compared. In 
addition to the regular census, the secretary makes a 
list of the deaf, mute and blind persons between the 
ages of four and twenty- two years, with the post 
office address of each, and embodies this with his 
census report. (G, 55.) 

The census list must be arranged alphabetically, 
and so classified as to distinguish between male and 
female. It must be sworn to as correct by the cen- 
sus taker, and if he be not the secretary, must be 
certified by the secretary, and forwarded to the 
county superintendent on or before June Ist follow- 
ing, A copy is retained in the office of the secre- 



30 COLOEADO SCHOOL LAW. 

tary, and in first and second class districts one fur- 
nished to the superintendent or principal. (C, 54.) 
.The census lists are compared by the county 
superintendent, who strikes out the names of persons 
upon more than one list, from all lists except the one 
from the district in which the person was residing on 
April 10th. If the superintendent is in doubt as to 
names, he notifies the secretary, and if that person fails 
to establish the correctness of the list within fifteen 
days the doubtful names are stricken out. (C, 55.) 
Change of residence cannot change the census list 
after the report is sent in. (X, 208.) If territory 
is attached to the district after the annual census has 
been taken, the names of the persons residing in the 
annexed territory should be added to the census list 
and the district given its per capita of the general 
fund for such additional names. (VIII, 191.) 

Compulsory Education. 

33. Constitutional Provisions. The Constitu- 
tion provides that the legislature may require by law 
that every child of sufficient mental and physical 
ability shall attend public school during the period 
between the ages of six and eighteen years, for a 
time equivalent to three years, unless educated by 
other means. (B, IX, 11.) 

34. Duties of Parents and Guardians. In 

districts of the first and second classes, all parents, 
guardians, and other persons having care of children 
must instruct them, or cause them to be instructed, 



COLOKADO SCHOOL LAW. 31 

in reading, spelling, writing, English grammar, geo- 
graphy, and arithmetic. In such districts all chil- 
dren between the ages of eight and fourteen years 
must be sent to a public, private, or parochial school 
for the following period: In each school year not 
less than twenty weeks, at least ten weeks of which, 
commencing within the first four weeks of school, 
shall be consecutive. Children not engaged in some 
regular employment must attend school for the full 
term in the schools in the districts in which they- 
reside, unless excused for the reasons given below. 
But, if two reputable physicians in the district sign 
a certificate in writing that the child's bodily or 
mental condition does not permit of his attendance, 
or if in the opinion of the county superintendent the 
child is being instructed at home by a person quali- 
fied, the child is not required to attend during such 
disability or home instruction. An appeal may be 
taken from the decision of the county superintendent 
to the county court of the county in which such dis- 
trict lies, upon giving bond within ten days after 
such refusal, to the approval of the judge of the 
court, conditioned to pay the costs of appeal. The 
decision of the county court is final. (S, 1.) 

35. Employment of Minors. No child under 
the age of fourteen years can be employed during 
the school term and while the public schools are in 
session, unless the parent, guardian, or person in 
charge of such child shall have fully complied with 
the above section. Employers must require proof of 
such compliance, and keep a written record of the 



32 COLOEADO SCHOOL LAW. 

proof given, which shall be subject to the inspection 
of the truant officer, superintendent of schools, or 
any school director of the district. (S, 2.) 

All minors over the age of fourteen years and 
under sixteen who cannot read and write the English 
language must attend school at least one-half of 
each day, or attend a public night school, or take 
regular instruction from some person qualified, in 
the opinion of the county superintendent, until he 
obtains a certificate from the superintendent that he 
can read at sight and write legibly simple sentences 
in English. Anyone employing such minor must 
exact as a condition of employment the school at- 
tendance or instruction required; and must, on the 
request of the truant officer, furnish evidence that 
the minor is complying with the law. The employer 
may, however, with the consent of the county super- 
intendent, make provision for the private instruction 
of minors in his employ. The penalty for violation 
of this section is a fine of not less than twenty-five 
or more than one hundred dollars. (S, 3.) 

36. The Truant Officer: Powers. School 
boards in districts of the classes named must ap- 
point one or more truant officers and ^x their com- 
pensation. The truant officer has police powers, 
and has authority to enter any place where children 
are employed, in the way of investigation or other- 
wise, to enforce the law. He must keep a record of 
his transactions for the inspection of the county 
superintendent and of the directors, upon suitable 
blanks provided by the secretary of the district. 



COLORADO SCHOOL LAW. 33 

He must institute proceedings against persons who 
violate this law, and perform such other services as 
the county superintendent or the board of directors 
may deem necessary to preserve the morals and 
secure the good conduct of school children. (S, 5.) 
37. Method of Procedure. The truant officer 
must examine into any case of truancy within his dis- 
trict, and warn the persons in charge of the child of the 
final consequences of truancy if persisted in. When 
any child between the age of eight and fourteen years 
who cannot read and write the English language or 
is not engaged in some regular employment, or any 
child between the ages of fourteen and sixteen years 
who has been discharged from employment to obtain 
instruction or schooling, is not attending school 
without lawful excuse and in violation of law, the 
truant officer must notify the person in charge of 
the child of the fact, and require him to cause the 
child to attend some recognized school within five 
days from the date of notice. Upon failure of such 
person to do so, the truant officer must make com- 
plaint against such person in the county court of the 
county in which such person lives. On conviction 
the person is fined not less than five or more than 
twenty dollars; or, in lieu of fine, the court may 
require the person to give a bond in the penal sum 
of $100, with sureties to the approval of the judge, 
conditioned that the parent will cause the child to 
attend some recognized school within five days there- 
after, and to remain at school during the term pre- 
scribed by law. 



34 COLOEADO SCHOOL LAW. 

If the person refuses or fails to pay the fine or 
furnish bond, he may be imprisoned in the county 
jail not more than thirty nor less than ten days. 
For violation of the bond suit may be brought in 
any court of competent jurisdiction, in the name of 
the school district, and the amount recovered goes to 
the school fund of the district. (S, 6.) 

38. A Juvenile Disorderly Person. Every 
child between the age of fourteen and sixteen, who 
cannot read and write the English language or is not 
engaged in some regular employment, who is an 
habitual truant from school, who absents himself 
habitually from school, or who is in attendance at 
any public, private, or parochial school and is incor- 
rigible, vicious, or immoral in conduct, or who hab- 
itually wanders about the streets and public places 
during school iiours, having no business or lawful 
occupation, is a juvenile disorderly person. (S, 4.) 
If the parent or person in charge of a child shall 
prove his inability to cause him to attend a recog- 
nized school, it is a defense, but the child is deemed 
a juvenile disorderly person. (S, 6.) 

39. Proceedings Against a Juvenile Disor- 
derly Person. Whenever a child is a juvenile dis- 
orderly person, it is the duty of the truant officer to 
make complaint in the county court. The county 
court hears the complaint, and if it is determined 
that the child is a juvenile disorderly person within 
the meaning of the law, he is to be committed to a 
children's home if eligible, or to a boy's industrial 
school, or a girPs industrial school, or to some other 



COLOEADA SCHOOL LAW. 35 

juvenile reformatory, taking into account the years 
of the child with reference to the institution selected. 
On its being shown to the judge of the court that a 
child committed to a children's home is incorrigible 
or vicious, he may be transferred to the industrial 
school or other reformatory. No child committed to 
any reformatory may be detained beyond the age of 
sixteen years, and may be discharged sooner by the 
trustees, under rules and restrictions applicable to 
other inmates. An order of commitment may be 
suspended by the judge bf the county court during, 
such time as the child may regularly attend school 
and properly conduct itself. The expense of trans- 
portation of the child to the juvenile reformatory 
and the costs of the case in which the order of com- 
mitment is made is paid by the county. (S, 7.) 

40. Indigent Children. When the truant offi- 
cer is satisfied that any child is unable to attend 
school because required to work at home or else- 
where in order to support itself or help to support 
others legally entitled to its services, the officer shall 
report the case to the authorities charged with the 
relief of the poor, who must afford such relief as 
will enable the child to attend school. Such child, 
however, cannot be required to attend more than 
three hours a day during school days. In case that 
the child or its parents or guardians refuse to take 
advantage of such provision made for its instruction, 
such child may be committed to a children's home 
or juvenile reformatory. (S, 8.) 

41. Special Regulations. Any person violat- 



36 COLORADO SCHOOL LAW. 

iiig this law in a manner for which no penalty is 
provided is liable to be fined not more than fifty dol- 
lars. (S, 9.) Every person who after having been 
convicted once of violating the law may, in addition 
to punishment by way of fine, be imprisoned not less 
than ten nor more than thirty days. All cases where 
a fine or imprisonment may be a part of the judg- 
ment must be tried by jury, if such right is not 
waived. (S, 10.) This law does not apply to dis- 
tricts in which there are not sufiicient accommoda- 
tions in the public schools to seat the children com- 
pelled to attend under this act. (S, 11.) 



42. Course of Study: Necessary Subjects. 

The schools of the state must be taught in the Eng- 
lish language. The required subjects are ortho- 
graphy, reading, writing, arithmetic, English gram- 
mar, geography, history and constitution of the 
United States, civil government, physiology, and 
natural sciences. (C, 15.) The boards of directors 
may introduce such other branches of learning or 
languages as they deem best. Whenever the parents 
or guardians of twenty or more children of the school 
so demand, the directors may introduce German, 
Spanish, and gymnastics. They may, upon a like 
demand, secure teachers to teach the common branches 
in the German or Spanish languages. (C, 78.) 
This, however, does not authorize the school board 
to employ an interpreter in Spanish districts. If 
objection is made to the course of study in good 



COLORADO SCHOOL LAW. 37 

faith by parents, the tendency is to permit them to 
select those branches which they wish their children 
to study ; and for the exercise of such right of choice 
the children are not liable to suspension or expul- 
sion. (VIII, 207.) (See sec. 34.) 

43. Course of Study: Narcotics and Hygiene. 
It is required that special instruction shall be given 
in all the schools to all the pupils, on the nature of 
alcoholic drinks and narcotics, and their effect upon 
the human system. These topics are to be pursued- 
in connection with physiology, and with the same 
thoroughness as other like subjects. When other 
like branches are taught by text-books, this subject 
must be taught in the same manner. (E, 1.) The 
failure of any school officer or teacher to enforce and 
comply with this act removes him from office. (E, 
2.) This act requires the study of general physi- 
ology and hygiene throughout the state. (YIII, 
206.) 

44. Course of Study: Religion. No religious 
test or qualification can be required of any person as 
a condition of admission into any public educational 
institution of the state, either as teacher or student. 
Nor can any teacher or student be required to attend 
any religious exercises, nor can any sectarian tenets 
or doctrines be taught. (B, IX, 8.) The spirit of 
the constitution permits religious exercises in school 
if nothing sectarian is taught and the directors do 
not object. (X, 203.) A teacher cannot safely dis- 
regard the request of the board to read the Bible. 
(VIII, 183.) 



38 COLOKADO SCHOOL LAW. 

45. Text-Books. Neither the general assembly 
nor the State Board of Education can prescribe text- 
books to be used in the public schools. (B, IX, 16.) 
The boards of directors select the kinds of text-books 
to be used, but they can select but one kind of text- 
book of the same grade or branch of study. After a 
text-book has been adopted it can not be changed in 
less than four years unless the price has been unwar- 
rantably advanced, the mechanical quality lowered, 
or the supply stopped. When ordered to do so by 
the electors, the board may provide text-books for 
the use of all pupils. (C, 51.) 

46, Flags. The directors may purchase a 
suitable American flag of standard bunting not less 
than 8 by 12 feet in size, and they may erect a flag 
staff on the building or grounds, and have the flag 
displayed upon all national holidays, and the first and 
last days of each term. Every school may keep a 
flag of not less than 3 by 5 feet displayed in a con- 
spicuous position in each department. The directors 
may pay all expenses from any special fund, or make 
a levy for such purposes. This law applies to all 
institutions under the control of the state, and ofiicers 
of the institutions are held responsible for its en- 
forcement. Any person who shall wilfully injure 
or destroy any flag or flagstaff is guilty of a misde- 
meanor. (K, 1-5.) It is unlawful to display any 
but the flags of the United States upon any state, 
county, or municipal building. But when any for- 
eigner shall become the guest of the United States, 
the state of Colorado, or any city of the state; or 



COLOBADO SCHOOL LAW. 39 

upon the visit of any foreign minister, envoy, or 
ambassador, the flag of his country may be displayed. 
It is unlawful to display the flag of any anarchistic 
society upon any public or private building, or in 
any street parade. Violation of this law is punisha- 
ble by a fine of not less than fifty or more than five 
hundred dollars. (L.) (See Duties of Superin- 
tendent of Public Instruction.) 

47. Kindergartens. School boards have the 
power to maintain and govern free kindergartens in 
connection with the public schools for the instruction 
of children between the ages of three and six years. 
Children attending kindergartens are not included in 
the census lists. The costs must be paid from the 
special funds. (N.) (See Teachers' Certificates.) 

Questions, 

1. What is a school year! Month! Week? 
Day? 

2. What are legal holidays! (X, 292.) Name 
them. 

3. When is Arbor Day in Colorado! (VII.) 
How is it observed! 

4. W^hat are the duties of the state and county 
officers concerning it! 

5. When, and for what purpose, is the school 
census taken? (VII.) 

6. What is meant by a school census! 

7. What is a bona fide resident! A nonresi- 
dent? 



40 COLOEADO SCHOOL LAW. 

8. Who takes the school census? Outline his 
duties. 

9. What are the duties of the county superin- 
tendent in connection with the school census! 

10. Give the substance of the so-called ''Com- 
pulsory Education Act "! (VII.) 

11. Who determines the branches of study to 
be taught in school! (X, 309.) 

12. What subjects must be taught in the pub- 
lic schools! In what language? 

13. What additional powers has the board of 
directors! 

14. What is the law which provides for the 
study of the nature of alcohol and narcotics! (X, 
307.) 

15. What provisions are made concerning the 
introduction of religion in the public schools! 

16. Who selects the text-books to be used in 
the public schools! Name the restrictions concern- 
ing the introduction of text- books. 

17. Are there any laws concerning flags in Col- 
orado! If so, give the substance of such laws. 
(X, 307.) 

18. How are. kindergartens established! 

CHAPTER II. 

SUPERVISION : STATE . 

48. Act to Prevent Frauds. When any officer 
of the state is charged with the duty of making a 
contract or paying money, or when he shall have 



COLOEADO SCHOOL LAW. 41 

any vote in awarding the contract, it is unlawful for 
him to become bound for its fulfillment, or to receive 
any part of the money; nor can he become in any 
way -interested except in his official capacity. (D, 
1.) Anyone who violates this law is liable to im- 
prisonment not more than six months, and to be 
fined not more than $2,000, and shall be removed 
from office. (D, 2.) This law prevents a director 
from doing work upon the school house or grounds 
for which he is to receive pay. (X, 205.) 

49. Qualifications for Office. No person but a 
qualified elector can be elected or appointed to any 
civil office in the state. (B, VII, 6.) These quali- 
fications are sufficient for school officers, unless 
otherwise specially stated. 

50. State Board of Education. The general 
supervision of the public schools of the state is 
vested in the State Board of Education, which is 
composed of the Superintendent of Public Instruc- 
tion, the Secretary of State, and the Attorney Gen- 
eral, the Superintendent of Public Instruction being 
president. (B, IX, 1; C, 1.) 

51. State Board: Meetings and Powers. The 
State Board meets at capitol on the last Saturday in 
December in each year, and at such other times and 
places as it may see fit. It has power to adopt 
rules, not inconsistent with the law, for its own gov- 
ernment and for the public schools. (C, 2.) It has 
the power to grant state diplomas. (C, 3.) (See 
Teachers' Certificate.) 

Any person or district board aggrieved by any 



42 COLOEADO SCHOOL LAW. 

decision of a county superintendent in matter of law 
or fact, may appeal, within thirty days from the 
rendition of the decision, to the state board in the 
sam« way in which an appeal is to be taken from 
the district board. (See appeal to Co. Supt.) In 
cases where a trial has been before the county super- 
intendent, the State Board renders a decision from a 
transcript of the proceedings. No new testimony 
can be admitted. In other cases the board may 
require such papers and documents as they may 
deem necessary, and the board has power to admin- 
ister oaths through its president. The decision of 
the majority is rendered by the president of the 
board, and is final. Where an applicant for a cer- 
tificate appeals from the county superintendent, the 
questions used and answers given are examined by 
the state board, and if the decision of the county 
superintendent is reversed, the state board issues a 
certificate of the required grade, provided that good 
moral character and success as a teacher are shown. 
(C, 88.) 

The state board can not render a judgment for 
money. All necessary postage must be paid by the 
party aggrieved. (C, 89.) 

52. Superintendent of Public Instruction: 
Qualifications, etc. The Superintendent of Public 
Instruction must be thirty years of age, a citizen of 
the United States, and have resided within the limits 
of the state for two years next preceding his election. 
(B, IV, 4.) He is elected by the qualified electors 
of the state on the even numbered years, and holds 



eOLOEADO SCHOOL LAW. 43 

his office for a term of two years from the second 
Tuesday of January next after his election, and until 
his successor is duly elected and qualified, (B, 
IV, 1; C, 6.) Before entering upon his duties he 
takes the oath of office prescribed by the constitution, 
and deposits with the Secretary of State a bond for 
$5,000 which has been approved by the Auditor. 
This bond is conditioned upon the faithful discharge 
of his duties, and the delivery to his successor of all 
books, papers, documents, and other property be- 
longing to his office. (C, 7.) His salary is $2,500. 
(1, 20.^) 

53. Superinteiident of Public Instruction: 
Duties. The Superintendent of Public Instruction 
must reside at the capital, where he has an office. 

His duties are: 

1. To furnish teachers and school officers with 
such blanks, forms, registers, and books as may be 
necessary for the discharge of their duties. All such 
blanks and books are furnished to the counties at 
cost, and the amount is deducted from the fund 
apportioned each county. The superintendent certi- 
fies the amount to be deducted to the State Auditor. 
The books cannot be copyrighted, nor can the super- 
intendent be compensated for their sale. (C, 9.) 

2. To keep an official seal, and all books and 
papers appertaining to the business of his office. 
(C, 8.) 

3. To file all papers, reports, and public docu- 
ments transmitted to him by the county school offi- 
cers, each year separately, and hold the same in 



44 COLOKADO SCHOOL LAW. 

readiness to be exhibited to the Governor, or to any 
corQDiittee of either house of the General Assembly. 
Copies of these papers, when certified by him, are 
as valid in evidence as the original papers. (C, 8.) 

4. To have general supervision of all the county 
superintendents and public schools of the state. 
(C, 9.) 

5. To decide all points touching the construc- 
tion of the school laws. His opinions are final until 
set aside by a court of competent jurisdiction or leg- 
islation. These opinions and instructions may be 
published in any periodical devoted to the interests 
of education. (C, 8.) 

6. To prepare lists of examination questions 
for the quarterly examinations, and make such sug- 
gestions concerning their use as will tend to secure 
uniform examinations. He may have assistance in 
preparing the questions. (C, 8.) 

7. To have the laws relating to public schools, 
accompanied by forms for making reports and con- 
ducting school business, printed in pamphlet form. 
The school officers, school libraries, and state library 
are each supplied with a copy. The cost of printing 
is paid out of the printing fund. (C, 9.) 

8. To visit annually such counties as most 
need his personal attendance, and all counties if 
practicable, for the purpose of inspecting the schools, 
awakening public sentiment, and diffusing a knowl- 
edge of existing defects and desirable improvements 
in the government and instruction of the schools. 



COLORADO SCHOOL LAW. 45 

The state pays his travelmg expenses to a limit 
not to exceed $500 per annum. (C, 10.) 

9. To apportion the state fund. (See State 
Funds.) He also orders the State Auditor to pay 
the '' Normal Institute Fund,'' on proper certificates. 
(See State Normal Institutes.) 

10. To employ an assistant librarian, who shall 
have charge of the state library. This assistant 
receives a salary of $1,000. (C, 12.) 

11. To direct the county superintendent to 
apportion a district its share of the general fund 
when such apportionment has been suspended through 
failure of the district secretary's report to reach the 
county superintendent. (See District Funds.) 

12. To publish the flag act in connection with 
the school laws of the state. (K, 6.) 

13. To report to the Governor on or before the 
tenth day of December, in every year preceding that 
in which shall be held a regular session of the gen- 
eral assembly, the condition of the schools, the 
amount of state school fund apportioned and the 
sources from which it was derived, with such sugges- 
tions and recommendations relating to the affairs of 
the office as he may think proper. (C, 10.) 

14. By virtue of his office the superintendent is 
a member of the State Board of Education (C, 1) , 
a trustee of the State Normal School (H, 3) , the 
Board of Land Commissioners (B, IX, 9), the State 
Board of Examiners (U, 2) , and State Librarian. 



46 COLOEADO SCHOOL LAW. 

Questions. 

1. What provision is made for appeals from 
County Superintendents' decisions! (VI, 27.) 

2. What is the substance of the act to prevent 
frauds? 

3. What are the qualifications for office of the 
Superintendent of Public Instruction? 

4. What officers comprise the State Board of 
Education? 

5. When are the stated meetings of the State 
Board held? What are its powers? 

6. What is the oath of the State Superinten- 
dent? The bond? 

7. Write from memory a list of the duties of 
State Superintendent. 

CHAPTER III. 

SUPEEVISION— COUNTY : THE COUNTY SUPEEINTENDENT. 

54, Qualifications, Term, Oath, Bond, Vacancy. 

In addition to being a qualified elector, the county 
superintendent must have resided in his county one 
year previous to his election. (B, XIV, 10.) He 
is elected at the general election in the odd num- 
bered years. (B, XIV, 8; (], 13.) His term be- 
gins on the second Tuesday after his election, and 
extends for two years, and until his successor is 
elected and qualified. (C, 13.) To qualify, he 
takes the prescribed oath, and files a bond for $2,000 
which has been approved by the county commission- 
ers, with the county clerk. The commissioners may 



COLOKADO SCHOOL LAW. 47 

increase the amount of the bond at discretion. (C, 
13.) When officers are re-elected, they must file a 
new bond. (X, 210.) Should the superintendent 
elect fail to qualify, or a vacancy occur, the board of 
county commissioners at its next meeting fills the 
vacancy by appointment. The appointee must qual- 
ify within ten days. (B, XIV, 9; C, 14.) 

55. Salary of the County Siiperinteiideiit. 
For the purpose of regulating the compensation of 
the county superintendents of schools, the counties- 
are divided into seven classes as follows: First class, 
Arapahoe, El Paso, and Las Animas; second class, 
Pueblo, Weld, Boulder, and Fremont; third class, 
Conejos, Gilpin, Huerfano, Lake, Larimer, Mesa, 
Montrose, and Otero; fourth class, Chaffee, Clear 
Creek, Douglass, Delta, Eagle, Elbert, Grarfield, Jef- 
ferson, Gunnison, La Plata, Ouray, Eio Grande, 
Pitkin, Park, and Saguache; fifth class. Bent, Cus- 
ter, Cheyenne, Kit Carson, Logan, 'Montezuma, 
Prowers, Routt, and San Miguel; sixth class, Ar- 
chuleta, Baca, Costilla, Grand, Kiowa, Lincoln, 
Morgan, Mineral, Phillips, Rio Blanco, Sedgwick, 
Summit, and Washington; seventh class, Dolores, 
Hinsdale, and San Juan. (J, 10.) 

County superintendents receive the following 
annual salaries, paid out of the county treasury: In 
counties of the first class, $2,800; second class, 
$2,000; third class, $1,200; fourth class, $1,100; 
fifth class, $800; sixth class, $500; seventh class, 
$100. In all but first and second class counties, 
boards of county commissioners may allow mileage. 



48 COLOKADO SCHOOL LAW. 

Dot to exceed ten cents a mile, for distances neces- 
sarily and actually traveled in the performance of 
duty, not to exceed an aggregate of three hundred 
dollars per annum in any county. (J, 10.) An 
early opinion gives a superintendent mileage for 
attendance on his normal institute (VII, 76), but a 
later one reverses this. {XI, 121.) He is provided 
with an office at the county seat, and with station- 
ery, postage, and other expenses of his office. He 
keeps his office open on such days as his business 
may require. (C, 25.) 

Duties and Powers of the Superintendent. 

56. First. To exercise a careful supervision 

over the schools of his county, and visit each school 
at least once during its session, and see that all the 
requirements of the school law are complied with. 
(C, 20.) 

57. Second. To obey the legal instructions 
and decisions of the Superintendent of Public In- 
struction. (C, 20.) 

58. Third. To hold county teachers' asso- 
ciations whenever, in his judgment, the interests of 
the school work demand it. (C, 20.) 

59. Fourth. To keep a record of his official 
acts and other matters required by law to be re- 
corded. The records of his office are open to the 
inspection of any citizen of the county. (C, 20.) 

60. Fifth. To conduct examinations for teach- 
ers' certificates. (C, 15.) (See Teachers' Certifi- 
cate.) He keeps a record of the persons examined. 



COLOEADO SCHOOL LAW. 49 

containing the names, age, nativity, date of exami- 
nation, and grade of certificate issued. The written 
answers of all applicants are held for three months, 
subject to the order of the State Board of Education. 
(C, 16.) 

61. Sixth. To assist in the organization of 
districts. (C, 27.) (See sec. 3.) His power to rec- 
ognize a petition is discretionary. (VlII, 198; X, 
211.) Upon receipt of the proceedings of the meet- 
ing, if they are found to conform to the law, he 
establishes and numbers the district, and enters a 
record of the same, together with the proceedings of 
the meeting. (C, 28.) The census list accompany- 
ing the petition or proceedings is taken as the census 
list of the district until the next regular census is 
taken. If any names are found on this list and on 
other census lists for the current year, and if he is 
satisfied that the children so named are hona fide 
residents of the proposed district, he strikes such 
names from the lists of the old districts when the 
organization of the new is complete. (C, 27.) (In 
case of hardship to the head of a family, see sec. 
13.) 

62. Seventh. To assist in the nnion of dis- 
tricts. (See sec. 12.) 

63. Eighth. To ascertain the bonndaries of 
each school district in the county, and to make and 
keep a record of the same in a suitable bound book. 
In case the boundaries are found to be conflicting or 
incorrectly described, he harmonizes the same and 
makes a report of such action to the boards of school 



50 COLOEADO SCHOOL LAW. 

directors whose districts are affected. District offi- 
cers have access to these records for the purpose of 
examination or copying. The superintendent must 
prepare a map of the county showing the boundaries 
of each district. (C, 24.) He may legally change 
the boundaries of a district without a vote of the 
electors only for the purpose of harmonizing them. 
(VII, 86; YIII, 195; X, 210.) 

64. Ninth. To annul districts for cause. (See 
sec. 14.) The law does not provide for the payment 
of the debts of a district which has been annulled. 
A superintendent should not annul a district until 
provision is made for the payment of its outstanding 
warrants. (XI, 122.) 

65. Tenth. To assist in forming joint dis- 
tricts, (See sec. 15.) Such districts are desig- 
nated as ''Joint District No of the counties 

of and , " and so numbered that they 

have the same number in all the counties from which 
they are formed. (C, 31.) 

66. Eleventh. To examine the accounts of 
district officers to see if they are properly kept. 
(C, 20.) If a superintendent has reason to suspect 
fraud in issuing warrants, he may notify the county 
treasurer to submit the warrants to him. (X, 210.) 

67. Twelfth. To keep a record of all regis- 
ters, record books, and order hooks furnished to 
the several districts of his county. (C, 20.) 

68. Thirteenth. To approve the bond of the 
district treasurer. (VII, 83.) Failure to file an 



COLOEADO SCHOOL LAW. 51 

acceptable bond works a vacancy in the board. 
(X, 210.) (See District Treasurer.) 

69. Fourteenth. To till vacancies in the 
boards of directors of second and third class dis- 
tricts. Such appointees hold office until the next 
annual election. (C, 23.) (See vacancies in school 
boards.) The superintendent cannot, however, re- 
move directors from office. (VII, 80 ; X, 210.) 

70. Fifteenth. To administer oaths to teach- 
ers and other persons in official matters relating to 
schools, but he can receive no fee for so doing. 
(C, 22.) 

71. Sixteenth. To supervise the county school 
funds. (See County Funds.) As soon as he makes 
the quarterly apportionment he certifies it to the 
county treasurer, and notifies each district secretary 
of the amount placed to the credit of his district. 
(C, 19.) (See also Penal Fund.) Within one week 
from the close of each school year the superinten- 
dent publishes in some newspaper published in the 
county, if there be any such newspaper, a statement 
of the apportionment of the school funds for the 
year preceding, (C, 20.) 

72. Seventeenth. To hear appeals. Any per- 
son may appeal from a decision or order of a district 
board within thirty days after the rendition of the 
decision or order, to the county superintendent. 
(C, 82.) The basis of proceeding is an affidavit filed 
by the party aggrieved with the superintendent. 
(C, 83.) This affidavit sets forth the errors com- 
plained of in a clear and concise manner. (C, 84.) 



52 COLORADO SCHOOL LAW. 

Within ^ye days after the affidavit is filed the super- 
intendent notifies the secretary of the district in 
writing of the appeal, and the latter must within ten 
days after being notified file with the superintendent 
a complete transcript of the record and proceedings 
in the case, which is certified to be correct by the 
secretary. (C, 85.) After the filing of the transcript 
the superintendent notifies in writing all persons 
adversely interested of the time and place where the 
appeal will be heard. (C, 86.) At the time of trial 
he hears testimony for either party, and for that 
purpose may administer oaths. His decisions are 
final unless appealed from to the State Board of 
Education. (See Appeals to State Board.) The 
county superintendent cannot render a decision for 
money or receive extra compensation for the trial. 
All necessary postage must first be paid by the party 
aggrieved. (C, 89.) 

73. Eighteenth. To promote the observance 
of Arbor Day. (See Arbor Day.) 

74. Nineteenth. To report annually on the 
first Tuesday of September to the Superintendent of 
Public Instruction. This report is for the year end- 
ing June 30 next preceding, and contains an abstract 
of the reports of the district secretaries, and such 
other matters as the Superintendent of Public In- 
struction directs. It is made upon blanks furnished 
by the state office, the county superintendent retain- 
ing a copy in his office. (C, 18.) If the county 
superintendent fails to report, the State Superin- 
tendent or county commissioners may serve a written 



COLOEADO SCHOOL LAW. 53 

notice upon him. A delay of more than ten days 
after the service of such notice makes the county 
superintendent liable to a fine of one hundred dol- 
lars, which may be deducted from his salary or 
recovered by suit upon his bond. (C, 21.) 

75. Twentieth. To discharge the duties of 
the office of ex-officio land commissioner for his 
county, under direction of the State Board of Land 
Commissioners, (B, IX, 6.) 

76. Twenty-first. He may teach in the county 
in which he resides. (VII, 74; VIIT, 195; X, 210.) 
If he desires to obtain a certificate there, he is ad- 
vised to appoint a deputy to conduct the examina- 
tion and grade the papers. (X, 210.) 



77. Deputy County Superintendents. Super- 
intendents of counties of the first class may employ 
deputies, under the direction of the county commis- 
sioners, the salaries of such deputies being paid out 
of the county treasury. (J, 11.) If for any cause 
the superintendent is unable to attend to the duties 
of his office, he may appoint a deputy, who shall 
take the usual oath and may exercise all the func- 
tions of the superintendent, but such deputy cannot 
draw a salary from the public fund. (C, 17,) These 
deputies are selected by the superintendent. (J, 11.) 
A superintendent may appoint a deputy to conduct 
an examination at some place other than the county 
seat, if attendance at the county seat works a hard- 
ship on one or more person or persons, and such 



54 COLORADO SCHOOL LAW. 

deputy is entitled to $5 per day for such services. 
(C, 15.) (See Teachers' Certificates.) 

78. Penalty for Failure of Duty. Failure of 
the county superintendent to perform any duty for- 
feits his salary. It is a violation of law for any per- 
son to draw a warrant in payment of such delinquent 
officer. (C, 59.) 

79. The County Treasurer. It is the duty of 
the county treasurer to keep a separate account with 
each school district, to place to the credit of each 
the amount certified to by the county superintendent, 
and to pay over the money on legally drawn war- 
rants. (C, 26.) (See County Funds.) He is re- 
sponsible if money is turned into the wrong fund. 
(X, 212.) "He is entitled to fees for collecting 
school taxes as follows: In counties of the first class, 
one per cent;^ in counties of the second class, one 
per cent, which per cent may be increased by the 
board of commissioners, but not above four and one- 
half per cent; in counties of the third class, one per 
cent, and such additional per cent as the board of 
county commissioners may allow, not to exceed ten 
per cent in all.'' (VIII, 196.) The special and gen- 
eral funds cannot be consolidated ; separate accounts 
must be kept. (X, 212.) All moneys remaining to 
the credit of a school on June 30, should remain to 
the credit of such district, and cannot be turned into 
the general fund for reapportionment. (VII, 86; X, 
212.) Money which becomes forfeited by a district 
is turned into the general fund. (C, 26.) 



COLOEADO SCHOOL LAW. DO 

Questions. 

1. How does the county superintendent qualify 
for the office! (X, 302.) 

2. For how long a time is a county superinten- 
dent elected? (XI, 178.) 

3. How is a vacancy in the county superinten- 
dent's office filled? 

4. What is his salary? How is it paid? 

5. Name the duties and powers of the county 
superintendent. 

6. In what cases may an appeal be taken to 
the county superintendent? 

7. What method of procedure must be followed 
in taking' an appeal? 

8. What does the annual report of the county 
superintendent contain? 

9. For what purpose and under what circum- 
stances may deputy superintendents be appointed? 

10. When may a county superintendent appoint 
a director? (XI, 177.) 

CHAPTER IV. 

SUPEEVISION: THE DISTRICT. 

80. School Directors: QuaMcations, Oath, A 

director must be an elector in the district, (See 
District Meeting.) (For school officers and classifi- 
cation, see School District.) Within twenty days 
after election a director elect must take an oath 



56 COLORADO SCHOOL LAW. 

before a proper officer that he will faithfully perform 
the duties of his office, and file the same with the 
county superintendent. The president of the board 
is authorized to administer this oath. (C, 47.) The 
directors take office immediately after qualifying. 
(C, 47.) In case of a failure of a director to qualify, 
the county superintendent fills the vacancy by ap- 
pointment. (C, 47.) Failure of a director to file an 
oath within the required length of time does 
not work a vacancy, provided he has taken 
such oath. (XI, 129.) A man and his wife may 
serve on a school board at the same time. (X, 
219.) 

81. Vacancies in the School Board. Vacan- 
cies in the school board may be caused by: (1) Fail- 
ure to elect either at the annual meeting or a special 
meeting called within ten days thereafter. (See 
School Election.) (2) Failure to qualify. (See sec. 
80.) (3) Death. (4) Resignation. (C, 23.) (5) 
Absence from the district beyond thirty days. (C, 
53.) (6) Division of a school district which places a 
member of the board in the new district. This does 
not transfer the director from the old board to the 
new, but removes him from office. (VII, 80; VIII, 
188; X, 205.) All vacancies in school boards of 
second and third class districts are filled by appoint- 
ment by the county superintendent. Such appointees 
hold office until the following annual election. 
(C, 23.) (See County Superintendent.) Boards in 
first class districts fill vacancies occurring in their 
own boards. (C, 48.) 



COLORADO SCHOOL LAW. 57 

Meetings and Foivers of the Board. 

82. I. Ill any district. The regular meetings 
of each board is held ou the last Saturday of March, 
June, September, and December. The board may 
provide by its by-laws for such other regular or 
special meetings as it may see fit. (C, 50.) 

The Board has Power: 

83. First. To control the instruction in the 

schools of their districts. (B, IX, 15.) 

84. Second. To make by-laws for its own 

government and the government of the schools under 
its charge. (C, 48.) A board may: (1) Make rules 
governing the conduct of pupils on the way to and 
from school. (XI, 130.) (2) Suspend or expel pupils 
who refuse to obey the rules. (C, 51.) It may 
expel pupils for any offense which in its judgment 
deserves such penalty. (VII, 75; VIII, 187.) (3) 
Exclude children under six years of age. (4) Fix 
the time for opening and closing schools, and for the 
dismissal of primary pupils before the regular time 
of closing school. (5) Require all pupils to be 
furnished with proper and suitable books as a condi- 
tion of membership in the school. (C, 51.) 

85. Third. To employ or discharge teachers, 
and fix and pay their wages. (C, 51.) It cannot 
employ a person to teach who has not a certificate 
in full force at the time of employment. (C, 60.) 
(See Teachers' Certificate.) It may require such 
qualifications as it deems to be for the best interests 



58 COLORADO SCHOOL LAW. 

of the school. (YII; 84; X, 203.) The power of 
the board to hire teachers applies to substitutes or 
vacancies. (X, 204.) A school board cannot legally 
hire a teacher under eighteen years of age (X, 217), 
or a member of the board (VII, 87; VIII, 185), 
though a member of a director's family, may teach. 
(X, 218.) A board may increase a teacher's salary 
during the tiuie for which he is hired. (VII, 78; 
X, 217.) A retiring board cannot impose upon a 
succeeding board an obligation to retain a teacher 
for a longer period than the close of the current 
school year. (X, 217; VIII, 212.) A teacher can- 
not draw pay while attending an examination. 
(VIII, 211.) A teacher may teach on a holiday to 
make up time if the board consents. (X, 218.) A 
teacher cannot dismiss school for a period without 
the consent of the board. (X, 217.) If a teacher 
is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the 
month, vacations are deducted. (VIII, 210.) Two 
members of a board in a second or third class dis- 
trict may dismiss a teacher, if their action is taken 
at a legal meeting of the board. A teacher having a 
contract with the board cannot be dismissed without 
good cause for such action being shown. (C, 10; 
VII, 80; VIII, 211.) Good cause is incompetency 
or immorality. If these charges can be sustained, 
the proper course is to request the county superin- 
tendent to revoke the certificate. (VIII, 212.) A 
new member coming into a board cannot reverse a 
contract or business that will disturb a teacher or 



COLORADO SCHOOL LAW. 59 

school in session at that time. (X, 205.) A newly 
elected board cannot discharge a teacher whose term 
is shortly to expire. (X, 205.) If school is closed 
during the session on account of contagious diseases, 
the teacher does not lose the time. (X, 218.) De- 
population during the time of a teacher's engage- 
ment does not authorize the board to dismiss him. 
(X, 217.) 

86. Fourth. To arrange the course of study. 
(C, 51.) (See Course of Study.) In arranging a 
course, the county superintendent has advisory pow- 
ers only. (VII, 83.) 

87. Fifth. To determine the rate of tuition 

for nonresident pupils. (C, 51.) They may remit 
the tuition. (X, 216.) Persons over twenty-one years 
of age are not debarred from school, but may be 
required to pay tuition. (X, 216.) A district can- 
not pay tuition to another district from the school 
fund. (VIII, 210.) 

88. Sixth. To provide text-books. (See Text- 
Books.) Free text-books cannot be furnished to 
pupils who attend school in some other district. (VII, 
83; X, 204.) _ ' 

89. Seventh. To ^x the rate of compensation 
to be allowed the secretary for the time necessarily 
spent in the service of the district, from the district 
funds, but it is unlawful to pay any other member of 
the board. (C, 51.) 

90. Eighth. To provide furniture and sup- 
plies for the use of the school house or board. (C, 



60 COLOEADO SCHOOL LAW. 

51.) They may 'purchase desks for the building 
without a vote of the electors. (VII, 80; VII, 188.) 

91. Ninth. To rent, repair, insure, and hold 
in trust for the district all real and personal property. 
(C, 51.) Money obtained from renting the school 
house should be turned into the school fund. (X, 
205.) A taxpayer cannot dictate for what purpose 
the building may be used. (VII, 76.) 

92. Tenth. To build and remove school 
houses, and purchase or sell school lots when di- 
rected so to do by a vote of the district. (C, 51.) 
(See Powers of Electors.) A vote to levy a tax for 
building is not sufficient to authorize the board to 
build; there must be a vote directly upon the ques- 
tion of building. (VII, 79.) When the electors 
vote to erect a teacher's residence on the school 
property, such vote authorizes the directors to build. 
(VII, 84.) The directors have no authority to select 
or change a school site without a vote of the elec- 
tors. (VIII, 185.) The board may erect coal and 
outhouses on the school property without a vote of 
the electors. (X, 203.) 

93. Eleventh. To exclude all pernicious or 
immoral literature from the school. (C, 51.) 

94. Twelfth. To permit pupils to attend other 
districts if they so desire, but it may refuse to admit 
pupils from outlying districts on the ground of insuf- 
ficient room. (C, 51.) 

95. Thirteenth. To certify a special tax. 
(See District Funds.) 



COLOKADO SCHOOL LAW. 61 

96. Fourteenth. To enforce the Compulsory 
Education Act (See Compulsory Education.) 

97. Fifteenth. To issue and redeem bonds. 

(See District Bonds.) 

98. Sixteenth. To make an annual report to 
the county superintendent. (See Duties of Secre- 
tary.) 

99. Seventeenth. To report directly to the 
State Superintendent when required by him so to 
do. (C, 51.) 

100. Eighteenth. To audit all bills against 
the district at a legal meeting. (VII, 81.) 

101. Nineteenth. It has no power to loan the 
money of the district (X, 204), or establish a sink- 
ing fund for the paj^ment of bonds. (XI, 119.) 

102. Twentieth. A director cannot be gar- 
nished in his official capacity (VIII, 185), nor is he 
entitled to witness fees in a case where the district is 
a party. (X, 203.) 

II. In First Class Districts. 

103. First. To examine teachers, (C, 16,) 

(See Teachers' Certificate.) 

104. Second. To fill vacancies. (See Vacan- 
cies.) 

III. In First and Second Class Districts. 

105. First. To exercise all the powers given 
the electors of the third class. (C, 41.) (See Annual 
Meeting.) It may sell school property when directed 
to do so by the electors. (VII, 85.) 



62 COLOEADO SCHOOL LAW. 

106. Second. To establish a separate high 
school whenever they deem it expedient, and deter- 
mine the qualifications for admission, but it cannot 
lease or build a building without a vote of the elec- 
tors. (C, 52.) 

107. Third. To certify a special tax without 
the vote of the electors. (C, 67.) (See District 
Funds.) 

IV. In Third Class Districts. 

108. First. To levy a special tax when di- 
rected to do so by a vote of the electors. (C, 67.) 
It cannot levy otherwise. (X, 215.) 

109. Second. To call a special district meet- 
ing. (See Special District Meeting.) 

110. Third. It cannot legally ijurcliase a 
school site witiiout a vote of the electors. (Vll, 85; 
X, 215.) 

School Officers. 

111. President of the School Board. It is the 

duty of the president: (1) To preside at all meetings 
of the board and district. (2) To sign all orders on 
the county treasurer for the payment of money; a 
warrant without his signature is illegal. (VIII, 214.) 

(3) To appear in behalf of his district in all suits 
brought by or against the same, except when he is 
personally interested. (See Duties of Secretary.) 

(4) To sign district bonds. (C, 97.) (5) He is a 
member of the board, and may vote. (X, 206.) 

112. Secretary of the Board. Besides the 



COLOKADO SCHOOL LAW. 63 

usual oath of office, the secretary is obliged to give 
bonds for $500 in districts of the first and second 
classes and $100 in districts of the third class, condi- 
tioned upon the faithful discharge of his duties and 
the delivery of school property to his successor within 
ten days after a demand is made. This bond must 
be approved by and filed with the county superin- 
tendent. (G, 54.) Failure to give satisfactory bond 
works vacancy. (VII, 81.) 

113. The duties of the secretary are: (1) To. 
record the proceedings of the board and of district 
meetings. (2) To preserve copies of all reports 
made to state or county superintendents. (3) To 
file all papers transmitted to him by other school 
officers pertaining to the business of the district. 
(4) To draw, countersign, and keep a register or 
stub of all orders drawn by the board. The record 
must show the number, date, amount, in whose 
favor, and purpose of the order. (5) To transmit 
to the county superintendent, immediately after the 
election, the names and post office addresses of the 
school officers. (6) To take and report the school 
census. (C, 54.) (See School Census.) (7) To 
keep an account of the expenses of the district, and 
present the same to the board when requested to do 
so. (8) To give notice of meetings. (See Elec- 
tion, Special Meetings, etc.) (9) To file a report 
with the county superintendent on or before Au- 
gust 1 of each year. This report must contain : 
(a) the school census, (b) the number of schools 
and branches taught in each, (c) the number of 



64 COLOEADO SCHOOL LAW. 

teachers employed in each school and the salary 
of each, (d) the number of pupils taught in each 
school, (e) the number of days the school was taught 
during the past year, and by whom, (f) the number 
of pupils enrolled during the year; the average 
daily attendance, (g) the average cost of school per 
month for each pupil, based upon the total enroll- 
ment; and also the average cost based upon the 
average daily attendance. In estimating these aver- 
ages he takes into account the teacher's wages, all 
current expenses, and six per cent interest upon a 
fair valuation of all property belonging to the 
district, (h) text books used in each school (i) 
number of volumes in the library, (j) the aggre- 
gate amount paid to teachers during the year and 
the average monthly salary, (k) the number of school 
houses and the estimated value of each, (I) the 
amount of library tax, (jn) the amount raised by 
other means than tax, (n) the amount of special tax, 
(o) the amount of money on hand at the beginning 
of the year then past, (p) the amount of money 
received from all other sources. Failure to file this 
report makes the secretary liable to a fine of one 
hundred dollars. (C, 56.) (10) To preside at 
board and district meetings in the absence of the 
president of the board or when he is an interested 
party in suits against the district. (C, 53.) 

114. The District Treasurer. If the amount 
of money liable to come into the hands of the treas- 
urer at any one time shall exceed twenty dollars, he 
must give bond in double the amount liable to come 



COLOEADO SCHOOL LAW. 65 

into his hands. Refusal to give bond disqualifies 
him from receiving any money on a district account. 
(C, 47.) It is the treasurer's duty: (1) To counter- 
sign warrants, (2) to take charge of all money and 
pay out the same (see District Funds), (3) to render 
a statement of the finances of the district at the close 
of the year or when required to do so by the board. 
(4) In first class districts he must publish semi- 
annually a complete financial statement, in some 
newspaper published in the county. (5) (See Dis- 
trict Bonds.) Failure to perform his duties makes 
him liable on his bond. (C, 58.) 

Questions. 

1. Name the school officials in Colorado. De- 
fine duties of each. (X, 284.) 

2. What is meant by school director? (X, 
284.) 

3. How does a director qualify for office? 

4. In districts of the second and third class, 
how are vacancies occurring during the term of the 
board of directors filled? In first class districts? 
(X, 302.) 

5. In what ways may a vacancy be made in a 
school board? 

6. When are the regular meetings of the school 
board held? 

7. Name at least five duties of a school board. 
(X, 292.) 

8. Name the powers of the school board. (XI, 
171.) 



66 COLOKADO SCHOOL LAW. 

9. Write from memory a list of the powers of 
the school board in any district. 

10. Under what conditions can a teacher be 
dismissed! 

11. How does a teacher's contract effect his 
dismissal? 

12. For how long a term may a teacher be 
hired? 

13. Name five powers given by law to directors 
of first and second class districts that are not given 
to districts of the third class. (VII.) 

14. What additional powers have directors in 
first class districts? 

15. What are the duties of each school direc- 
tor? (VII.) 

16. How does the secretary of the school boaad 
qualify? 

17. State his duties. 

18. What items are included in his annual 
report? 

19. When and in what amount is the district 
treasurer required to give bond? (XI, 162.) 

20. What are the duties of the district treas- 
urer? 

CHAPTER V. 

THE TEACHEK. 

115. Certificates Required. No district board 
can employ any person to teach in the public school 
unless such person has a license to teach, signed by 



COLOKADA SCHOOL LAW. 67 

the proper district, county, or state authority, and 
in full force at the date of employment. Any person 
who commences to teach without a certificate forfeits 
his salary during the time that he is teaching. (C, 
60.) 

State Diplomas. 

116. Legal Provisions. The State Board of 
Education may grant state diplomas to 'teachers who 
have (1) requisite scholarship, (2) exceptional moral 
character, and (3) have taught not less than two 
years in the state. Such diplomas supersede the 
necessity of all other examinations for the grade of 
work indicated. (U, 1.) The State Board of Ex- 
aminers consists of such members as the Superinten- 
dent of Public Instruction, the president of the State 
University, the president of the State Agricultural 
College, the president of the State School of Mines, 
and the president of the State Normal School may 
appoint. The Superintendent of Public Instruction is 
a member of the board and its presiding officer. State 
diplomas, which may be of different classes not to 
exceed three in number, are granted by the State Board 
of Education upon public examination by the Board 
of Examiners. Upon recommendation of the State 
Board of Examiners, the State Board of Educa- 
tion may grant state diplomas, which may be of dif- 
ferent classes not to exceed three in number, without 
examination, to teachers who have rendered eminent 
service in the educational work of the State for a 
period of not less than six years. (U, 2.) The 



68 COLOKADO SCHOOL LAW. 

State Board may revoke a state diploma upon satis- 
factory evidence that the holder has become unwor- 
thy. The holder must have at least thirty days to 
appear before the State Board and refute charges 
brought against him. (C, 5.) 

117. Regulations for Receiving State Diplo- 
mas. Before the law providing for state diplomas of 
different grades was passed by the recent legislature, 
candidates for state diplomas were subject to the 
following named conditions: 

1. "They shall possess a first class unexpired 
county certificate issued in Colorado. 

2. "They shall pass a satisfactory written ex- 
amination in each of the following named branches 
of study: Algebra, geometry, physiology, botany, 
physics, general history, civil government, including 
the constitution of Colorado, English literature and 
rhetoric, psycology, and pedagogy, and Latin, or 
French, or German. 

3. "They shall pass a satisfactory written 
examination in any three subjects to be selected by 
them from those herewith named: trigonometry, 
astronomy, physical geography, geology and miner- 
ology, zoology, chemistry, logic, and political econ- 
omy. 

" Such applicants as have passed a satisfactory 
examination before the State Board of Examiners, in 
any of the subjects before named within two years, 
will receive full credit therein without farther exam- 
ination. 

"No one will be recommended to receive the 



COLOKADO SCHOOL LAW. 69 

state diploma without examination who has not given 
satisfactory evidence of educational and other quali- 
fications at least equivalent to the highest of those 
herein before named. 

''In considering an applicant's claim to a state 
diploma, either honorary or based upon the exam- 
ination tests, the board will give due weight to 
evidence showing high attainments in special lines of 
educational work, 

"Eminent success in filling the positions of- 
principal of high school, superintendent of schools, 
or professor in some higher institution of learning, 
will receive due recognition in considering one's 
fitness to receive a complimentary diploma." (XT, 
18.) 

118. State Normal School Diplomas. Diplo- 
mas are granted by the State Normal School to such 
students as have: (1) Completed the full course of 
study, (2) been recommended by the faculty, and 
(3) passed a final examination conducted by the 
Superintendent of Public Instruction, a county super- 
intendent appointed by the governor, and the principal 
of the school. This diploma, when signed by the 
examiners, and president and secretary of the board 
of trustees, licenses the receiver to teach in any of 
the public schools of the state, on condition that a 
certified copy shall have been filed . with the county 
superintendent of the county in which the graduate 
wishes to teach. The diploma may be annulled by 
the State Superintendent, who must notify, immedi- 
ately, the county superintendent of his action, or it 



70 COLOKADO SCHOOL LAW. 

may be suspended by a county superintendent pend- 
ing the action of the State Superintendent. (H, 
10, 11.) 

119, Kindergarten Diplomas. Teachers of 
kindergarten schools must have a diploma from 
some reputable kindergarten teachers' institute, or 
pass such an examination on kindergarten work as 
the kindergarten department of the State Normal 
School may direct. (N, 1.) ''Certificates from the 
kindergarten department of the State Normal and 
Denver Normal and Preparatory School are both 
legal.'' (X, 208.) " All kindergarten teachers ex- 
cept those from the State Normal School are required 
to take the kindergarten examination." (XI, 124.) 

120. County Certificates : Examinations, Legal 
Provisions. The county examinations are held on 
the third Friday in August, December, and March, 
and are conducted by the county superintendent at 
the county seat. (C, 15.) If the attendance upon 
the examination at the county seat works a hard- 
ship to one or more teachers in the county, the 
superintendent may appoint a deputy to conduct an 
examination at some convenient place. Such deputy 
must report the written answers without delay to the 
county superintendent. (C, 15.) (See Deputy Co. 
Supt.) The county superintendent must give due 
notice of the examination in some newspaper pub- 
lished in the county; or, if no newspaper is pub- 
lished in the county, such notice as he deems fit. 
Candidates are examined in orthography, reading, 
writing, arithmetic, English grammar, geography, 



COLOIiADO SCHOOL LAW. 71 

history and constitution of the United States, civil 
government, physiology, natural sciences, theory and 
practice of teaching, and the school law of the state. 
(C, 15.) The questions are prepared by the Super- 
intendent of Public Instruction. (C, 8.) If the 
applicant is to teach in a school of high grade, the 
examination extends to such subjects as are to be 
taught in such school. (C, 15.) The examination 
cannot be taken in parts. If the applicant fails, he 
must take the whole examination the next time he 
tries. (VII, 97; X, 208.) The superintendent has 
no authority to excuse anyone from taking the exam- 
ination. (VII, 82.) 

121. County Examinations: Rules of the State 
Board. The following are selected from the rules 
adopted by the State Board of Education: 

1. The questions must be opened in the pres- 
ence of the applicants. 

2. The county superintendent should provide 
paper of uniform size. 

3. All answer papers should be examined and 
graded by number before the envelopes which con- 
tain the names of the applicants are opened. 

4. No applicant should be allowed to take any 
part in the examination except at the time desig- 
nated. 

5. No applicant should be allowed to leave the 
room until his work is completed and handed to the 
examiner. 

6. A written certificate (or statement with ref- 
erences) of good character should be required of 



72 COLORADO SCHOOL LAW. 

each applicant; also one of past success in teaching. 
No applicant less than eighteen years of age will 
receive a certificate. No applicant who makes use 
of hooks or memoranda during examination should 
receive a certificate. 

7. Issue certificates upon the following condi- 
tions: First grade, an average of 90 per cent; no 
branch below 70 per cent. Second grade, an aver- 
age of 80 per cent; no branch below 60 per cent. 
Third grade, an average of 70 per cent; no branch 
below 50 per cent. Only one third grade certificate 
can be granted. 

8. Beside the standing attained at the examina- 
tion, practical experience in teaching should be con- 
sidered in issuing a certificate of any grade. 

9. Applicants for certificates of the first grade 
should have taught successfully for at least one year. 

10. No private examinations are lawful. 

122. Certificates Issued and Renewed. The 
first grade certificates are valid for three years, and 
may be renewed by the county superintendent of the 
county in which they were issued. (C, 16.) This 
may be done indefinitely by the superintendent of the 
county in which it was issued (VIII, 194), but in no 
case by a superintendent of another county. (VII, 82. ) 
The renewal must be made before the expiration of 
the certificate (VII, 77), and for the full time of 
three years. (X, 209.) Renewals and endorsements 
are at the discretion of the county superintendent. 
(X, 208.) The second grade certificate is valid for 
eighteen months and is not subject to renewal. The 



COLORADO SCHOOL LAW. 73 

third grade certificate is valid for nine months and is 
not subject to renewal, nor can a second third-grade 
certificate be issued to the same person upon exam- 
ination. (C, 16.) 

Failure in natural sciences does not exclude an 
applicant from receiving a third-grade certificate if 
the standing in the other studies fulfills the condi- 
tions. (Vin, 194.) All certificates should be dated 
as if issued on the last day of a regular examination. 
(YIII, 192.) An offer to teach for unusually low 
wages is not a sufficient reason for refusing a certifi- 
cate. (VII, 85.) 

123. Certificates: Like Grade: Temporary. A 
county superintendent may issue a certificate of like 
grade to a teacher holding a first-grade certificate in 
full force in another county. Such certificate must 
not show the standing in each branch, nor be re- 
newed, but must show the conditions upon which it 
is issued. (C, 16.) The exercise of this power is 
optional with the county superintendent. (X, 209.) 
The certificate or like grade is in force for the unex- 
pired term of the original certificate. (VII, 82.) In 
case of emergency the county superintendent may 
endorse a county teacher's certificate issued in this 
or other states and in full force at the time of the 
endorsement, by writing thereon "Good until the 
next regular county examination." Such certificate 
must not be renewed, extended, or show a previous 
endorsement thereon. (0,15.) The power to grant 
a temporary certificate is optional with the county 
superintendent. (VIII, 193.) A county superin- 



74 COLORADO SCHOOL LAW. 

tendent can issue no certificate or permit to teach, 
except a first, second, or third-grade, or a temporary 
certificate. (VIII, 195.) A certificate is not re- 
quired, however, of a teacher employed to teach 
either music, drawing, or modern languages, (C, 60.) 

When counties are divided by the general assem- 
bly, a teacher desiring to teach in the new county 
should be treated as one living in a different county. 

124. Certificate: Expiration, Revocation. If 
a teacher's certificate expires within a term of em- 
ployment, it does not have the effect to stop the 
school or stop the teacher's pay. Provided, that if 
the term of school for which the teacher is employed 
extends more than one month after the expiration, 
the teacher secures a new certificate or a renewal of 
the old one while it is in force. (C, 60.) A teacher 
is under obligations to take an examination preceding 
the time of the expiration of his certificate or present 
a satisfactory excuse for failure so to do. (X, 209.) 
The foregoing privilege does not apply to teachers 
holding endorsed certificates. (VIII, 191.) (See 
sec. 123.) If a teacher having a certificate in force 
contracts for a school, and during the term fails to 
obtain a certificate to take the place of the one which 
expires, he is entitled to pay until notified of failure 
to obtain a certificate. (X, 209.) 

The county superintendent may revoke certificates 
of any grade at any time for immorality, incom- 
petency, or other just causes. (C, 16*. A teacher 
holding a certificate is entitled to all rights and 
emoluments implied thereby until it is revoked. 



COLOEADO SCHOOL LAW. 75 

(VIII, 193.) Alleged exorbitant wages named in a 
contract is not lawful cause for revoking a certificate. 
(VII, 76.) The revocation takes effect on the day 
named by the county superintendent. (VII, 77.) In 
case a certificate is revoked or refused by the county 
superintendent, the teacher or applicant has the 
right of appeal to the State Board of Education 
within thirty days from the date of notice of revoca- 
tion or refusal. (C, 16.) When a certificate is re- 
voked, the holder cannot teach during the pending of 
an appeal. (VIII, 192). In case of an appeal by 
an applicant the certificate issued, if any, should ac- 
company the appeal. (X, 209.) 

125. Certificates: First Class Districts. In 
districts of the first class the board has power to 
examine its own teachers in such manner and at such 
times as it sees fit. It may issue certificates of the 
same grades as the county superintendent. Such 
certificates must be reported to the county superin- 
tendent, and are valid only in the district where 
issued. The board may issue certificates to high 
school teachers without examination on evidence of 
adequate training for the work. (C, 16.) 

126. The Teacher's Duties. A teacher must 
teach the subjects required by the course of study. 
(See Course of Study.) He must keep a daily regis- 
ter upon blanks prepared by the Superintendent of 
Public Instruction. At the close of each term of 
school, not to exceed four months, he must fill the 
summary, and in ungraded schools file the register 
with the secretary of the district. In graded schools 



76 COLOKADO SCHOOL LAW. 

the register must be filed with the principal or super- 
intendent, who makes an abstract of the summaries 
and files the same with the secretary. The teacher, 
principal, or superintendent who is in charge of the 
last term of school in any school year must file with 
the secretary a summary of the statistics for the year. 
The principal teacher of every public school, within 
one week after the beginning of each term, must 
notify the county superintendent of the date of such 
beginning and the proposed length of the term. A 
district board may require teachers to keep such 
additional records and statistics as they may desire. 
Until the registers and reports are filed it is unlawful 
for the officers of the district to draw warrants for 
the payment of the last month's salary of the teach- 
ers whose duty it is to file such statistics. (C, 61.) 
Teachers cannot be compelled to render a monthly 
report. (X, 2l8.) 

Questions. 

1. What are the legal provisions regarding the 
issuing of state diplomas? 

2. How may a state diploma be obtained in 
Colorado, and what is the character of such diploma? 
(II, 27.) _ ■ 

3. What officials constitute the State Board of 
Examiners? 

4. Upon what conditions may complimentary 
state diplomas be issued? 

5. Name the chief regulations established by 
the state board for obtaining state diplomas. 



COLORADO SCHOOL LAW. 77 

6. How may a state diploma be revoked? 

7. What power has the State Board of Educa- 
tion iu the matter of state diplomas! (XI, 162.) 

8. How are the State Normal School diplomas 
granted? 

9. What is the validity and length of the State 
Normal School diploma? 

10. How may a person secure a kindergarten 
diploma? 

11. When may applicants for a license to teach 
be examined? What is the penalty for teaching 
without a license? (VI, 27.) 

12. What are the legal conditions upon which 
you may be employed to teach in this state? (Ill, 
35.) 

13. What authority has the county superinten- 
dent in the matter of appointing a deputy to conduct 
examinations? 

14. How many examinations in each year are 
provided for by law? (Ill, 35.) 

15. On what subjects is a teacher examined? 

16. By whom are the questions prepared? 

17. Name five rules of the state board govern- 
ing county examinations. 

18. Give full explanation of the method of 
conducting the county teachers' examinations. (XI, 
171.) 

19. Give the grades and distinguishing features 
of county teachers' certificates. (XI, 171.) 

20. Certificates of how many grades may the 



78 COLOEADO SCHOOL LAW. 

county superintendent issue, and upon what condi- 
tions? (Ill, 35.) 

21. When and by whom may a teacher's cer- 
tificate be endorsed! When renewed? (XI, 171. 

22. What is a certificate of * Mike grade '^ ? A 
* ' temporary certificate ' ' ? 

23. What provisions are made for the expira- 
tion of a teacher's certificate? 

24. How may a teacher's certificate be revoked? 

25. When does such revocation take place? 

26. What provisions govern appeals from the 
district board to the county superintendent? From 
the county superintendent to the State Board of 
Education? (XI, 162. 

27. What powers have boards in districts of 
the first class in the matter of granting certificates? 

28. Why are teachers required to keep registers 
and records of statistics? (X, 307.) 

29. State the requirements of the school law 
concerning teachers. (I, 19.) 

30. What records and reports is a teacher re- 
quired to make? (YI, 27.) 

31. To whom is the principal teacher required 
to report at the end of each term? (V, 34.) 

32. To whom must the teacher make reports, 
and what is the penalty of failure in his duty? 
(IV, 35.) 



COLORADO SCHOOL LAW. 79 

CHAPTER VI. 

PUBLIC LIBRARIES. 

127. Establishment and Maintenance. The 

city couDcil of any city or incorporated town may 
establish a public library and reading room, and 
levy a tax annually, not to exceed one mill on the 
dollar, upon all the taxable property in the city or 
town. Cities of over 100,000 inhabitants must levy 
a tax of not less than one-fourth or more than one- 
mill. (T, 1.) All moneys received are deposited in 
the city treasury, and must not be turned into the 
general funds of the city. These moneys are drawn 
upon by the proper city officers upon properly au- 
thenticated vouchers of the board of directors. 
(T, 7). 

128. Directors. When any city council has 
decided to establish a public library under this act, 
the mayor, with the approval of the city council, ap- 
points six persons from the citizens at large who 
(with the mayor, who is president) constitute a board 
of library directors. Not more than one member of 
the city council may at any one time be a library 
director. (T, 2.) One-half of the directors ap- 
pointed by the mayor hold office for one year and 
one-half for two years from the first of July follow- 
ing their appointment. At their first regular meet- 
ing they cast ballots for their respective terms. Each 
year thereafter, before the first of July, the directors 
whose terms hold over elect three members to fill the 



so COLOKADO SCHOOL LAW. 

places of those whose terms expire. All vacancies 
except that of the president are filled by election by 
the remaining members. (T, 3.) The members of 
the board receive no compensation. Any member 
may be removed by his associates for misconduct or 
neglect of duty. (T, 4.) 

129. Duties and Powers of Directors. The 
board has power: (1) To elect such officers as they 
may deem proper. (2) To establish by-laws for 
their own government and that of the library. (See 
following sections.) (3) To exercise exclusive con- 
trol of the library, building, and funds. (4) To 
lease or construct library buildings and appliances. 
(5) To contract indebtedness by borrowing money 
or issuing bonds, and to secure the payment of the 
same by a mortgage on the real estate belonging to 
the board. (6) To do all things usual aud necessary 
for the conduct of a library and the benefit of the 
inhabitants of the city. (T, 6.) 

130. Government- of Library. Every library 
established under these regulations is free to the in- 
habitants of the city, under the rules of the board ; 
and the board may exclude persons who willfully vio- 
late, the rules, and extend library privileges to per- 
sons residing in the state outside of the city. (T, 8.) 
The city council may pass ordinances imposing pen- 
alties for the punishment of persons committing in- 
jury to the library or property. (T, 10.) 

131. Report of the Directors. The board of 
directors must make an annual report before the 
first day of March in each year to the city council. 



COLORADO SCHOOL LAW. 81 

This report shows: (1) The moneys received, its 
sources, disposition, and the amount on hand. (2) 
The number of books received, lost, condemned, and 
remaining on hand. (3) The number of persons 
using the reading room, and the number of periodicals 
regularly filed for their use. (4) The number of 
persons taking books for home reading on cards, and 
the number of books loaned. (5) The names of 
persons donating cash, books or other property, and 
a description thereof. (6) Such other statistics or 
information as they may deem of general interest. 
(T, 9.) 

132. Incorporation of Other Libraries. Any 
library association may sell or lease its property to 
the library directors in ,the following manner: The 
directors of such association must call a meeting of 
all the members, subscribers or stockholders thereof, 
to be held at the rooms of the library or office of the 
secretary of the association. Written or printed 
notices containing the time, place and object of the 
meeting, and the terms and conditions of the pro- 
posed sale or lease, must be mailed, at least thirty 
days prior to the time of meeting, to each member, 
subscriber, or stockholder whose address is known to 
any of the officers or directors of the association; 
and published for thirty consecutive days next pre- 
ceding the time of meeting, in some newspaper pub- 
lished in the county. (T, 12.) If the members 
named above, representing the majority in amount 
of the stock, votes in favor of the terms of sale or 
lease as specified in the notice; or, if the association 



82 COLOEADO SCHOOL LAW. 

shall consist of departments, if a majority vote in 
each department is favorable, the president and sec- 
retary must place a record of the proceedings of the 
meeting, verified by the oath of the president of the 
meeting, together with an affidavit of the service of 
publication of notice, in the office of the county clerk 
in whose county the property is situated. After filing 
these documents, the president and secretary are 
authorized to execute all the necessary instruments 
to carry out the object and interest of the vote. 
(T, 13.) 

133. Repeal. This act repeals '*An act to 
authorize cities and incorporate towns to establish 
and maintain free public libraries and reading rooms," 
approved April 3, 1893, but "it does not impair pro- 
ceedings taken or rights acquired under it. (T, 14.) 



BOOK 111. 
SCHOOL REVENUES. 

CHAPTER L 

GENERAL REGULATIONS: STATE FUNDS. 

134. Use of Public Funds for Religious Inter- 
ests. It is unlawful for the state, the general assem- 
bly, or any public corporation, to grant or appropri- 
ate any land, money, or other personal property in 
aid of any church or sectarian society, or any sectar- 
ian institution, educational or otherwise. (B, IX, 7.) 
They are also forbidden to become interested in any 
other corporation, public or private. (B, IX, 2.) 

135. Public Credit Cannot Be Pledged. The 
credit of the state or any public corporation cannot 
be pledged in aid of any public or private corpora- 
tion, or of any person or company, for any amount 
or for any purpose. Neither can such corporation, 
etc., become liable for the debt, contract, or liability 
of any person, company, or corporation. (B, XI, 1.) 

State Funds, 

136. State Investment Fund. The Enabling 
Act grants * ' The sections numbered sixteen and thirty- 
six in every township, and where such sections had 
been disposed of, other lands equivalent thereto,'' 
for the support of the common schools. (A, 7.) This 
grant amounted to 3,715,555 acres. (3, 658.) 



84 COLORADO SCHOOL LAW. 

The same act also provides that these lands 
** shall be disposed of only at public sale, and at a 
price not less than two dollars and fifty cents per 
acre. The proceeds to constitute a permanent school 
fund, the interest of which is to be expended in the 
support of the common schools." (A, 14; B, IX, 
3.) The state constitution adds to this permanent 
fund "all estates that may escheat to the state," 
and " all gifts and legacies that may be made to the 
state for educational purposes." (B, IX, 5.) 

In the day of the territorial organization a claim 
of 100 feet in length of each lode was vested in the 
common school fund. (3, 658.) The permanent 
fund now amounts to $1,229,000. (3, 658.) 

137. Control of Public Lands. The State 
Board of Land Commissioners, which is composed 
of the Grovernor, Superintendent of Public Instruc- 
tion, Secretary of State, and Attorney Greneral, has 
control of the public lands of the state. (B, IX, 9.) 
It is the duty of this board to provide for the loca- 
tion, protection, and disposition of the lands under 
the regulation of law. The sale must be conducted 
in such manner that the maximum amount will be 
received. The legislature provides how the land 
shall be located, preserved, and sold, and that the 
proceeds shall be applied to the proper funds. The 
county superintendent is ex-officio commissioner of 
lands within his county, and discharges the duties of 
his office under the direction of the State Board of 
Land Commissioners. (B, IX, 6.) 

138. Control of Investment Fund. The state 



COLORADO SCHOOL LAW. 85 

treasurer is the custodian of the permauent fund. 
*' The same shall be securely and profitably invested 
as may be by law directed." It *' shall forever 
remain inviolate and intact." *^No part of this 
fund, principal or interest, shall ever be transferred 
to any other fund, or used or appropriated except as 
herein provided," {i. e., for the common schools.) 
* * The state shall supply all losses thereof that may 
in any manner occur." (B, IX, 3.) 

139. State School Income Fund. The revenues 
of the apportioned fund * ' derived from state sources 
consists of the proceeds from the public school in- 
vestment fund, the interest on deferred payments of 
school lands which have been sold, and the proceeds 
from lands under lease." (X, 213.) There is no 
provision in the constitution for levying a state tax 
for school purposes. (VII, 13.) The approximate 
interest on the investment fund is $150,000 a year. 
(3, 658.) These revenues are apportioned in the 
following manner: On the thirtieth days of June and 
December the State Auditor notifies the Superinten- 
dent of Public Instruction of the amount of money in 
the state treasury to the credit of the public school 
income fund on those days. Within fifteen days 
after receiving such notification, the superintendent 
apportions the fund among the several counties of 
the state from which reports have been received (see 
Duties of County Superintendent), in proportion to 
the school population as shown by the report of each 
county for the year next preceding such apportion- 
ment, deducting from the sum apportioned to each 



86 COLORADO SCHOOL LAW. 

county the cost of school supplies that have been 
issued to it. The Superintendent certifies to the 
State Auditor, and also to the county superintendents, 
the amount apportioned to each county. The State 
Auditor, upon the certificate of the State Superinten- 
dent, draws his warrant on the State Treasurer in 
favor of the county treasurer of each county, for the 
amount due said county. (B, IX, 3; C, 11.) 

Questions. 

1. Of what does the state public school fund 
consist! (X, 279.) 

2. What provisions does the constitution make 
regarding the use of public money or property for 
religious or private interests? 

3. Can the public credit be pledged! 

4. What^ lands were given by the general gov- 
ernment to Colorado for school purposes! What 
was the total amount of this grant! 

5. What officials compose the State Board of 
Land Commissioners! What are the duties of the 
Board? 

6. Who is custodian of the permanent fund? 
What is done with it! 

7. What provisions are made for keeping the 
permanent fund intact? 

8. How is the State School Income Fund dis- 
tributed! Give all the steps. 

9. Make an outline of this chapter from mem- 
ory. Compare it carefully with the text. 



COLORADO SCHOOL LAW. 87 

CHAPTER IL 

COUNTY FUNDS. 

140. Sources. The general fund of the county- 
consists of: 1. The apportionment made by the 
Superintendent of Public Instruction. (See Chap. I, 
Book III.) 2. ^^A tax which the county commis- 
sioners are authorized to have levied for the use of 
the schools in the county on property, real and per- 
sonal. 3. Together with certain moneys derived 
from fines, penalties and forfeitures.'^ (X, 213.)- 
The latter is called the *' Penal Fund.'' (C, 69.) 

141. County Tax Levy. At the time of levy- 
ing the regular county taxes, the county superinten- 
dent certifies to the board of county commissioners the 
amount of money needed per capita to enable each 
school district in the county to maintain a public 
school four months in the year. In making his esti- 
mate, the county superintendent uses as his basis the 
sum of forty dollars a month for the teachers' salary. 
School districts having a school population of less 
than fifteen, as shown by the school census preceding 
the time of making the levy, are not considered. 
The county commissioners levy a tax of at least two 
mills on the dollar of the assessed value of all taxa- 
ble property in the county, and as much in excess of 
two mills as is necessary to raise the sum stated in 
the county superintendent's certificate. ** Provided, 
that such tax levy shall in no case exceed five 
mills." (C, 64.) 



88 COLOEADO SCHOOL LAW. 

Should the county commissioners fail to make 
the levy, the county clerk or other person making 
out the tax list is instructed to levy. Failure on the 
part of this person to make the levy is a violation of 
the law, and he is subject to a fine of one hundred 
dollars and liable for all damages resulting from such 
neglect. (C, 65.) 

This school tax is collected by the county treas- 
urer at the same time and in the same manner as 
state and county taxes. (B, IX, 4; C, 64.) 

142. Penal Fund: What Comprises. The penal 
fund consists of: 1. All sums of money derived 
from fines imposed for violation of orders of injunc- 
tion, mandamus, and like writs, or for contempt of 
court. 2. The clear proceeds of all fines collected 
within the several counties for breach of the penal 
laws. 3. All funds arising from the sale of lost 
goods and estrays. (C, 69.) 4. Money which shall 
become forfeited by a school district. (VIII, 203.) 
5. All proceeds of fines or forfeitures unless other- 
wise expressly provided by law. (VII, 87; VIII, 203; 
X, 212.) '*In case of fines before municipal courts, 
moneys properly belonging to the town or city, or 
libraries." (VIII, 202.) 

143. Penal Funds: Recovering. The funds 
from fines, penalties, etc., *' shall be paid over in 
cash by the person receiving the same, within twenty 
days after collection, to the county treasurer of the 
county in which the same have accrued, and shall be 
by him credited to the general county school fund. 
He shall indicate in such entry the source from 



COLORADO SCHOOL LAW. 89^ 

which such money was derived." (C, 69.) Justices 
of the peace, and other magistrates who have imposed 
fines which should be turned into this fund, are 
required to make a report to the county commission- 
ers at their next quarterly meeting, showing date of 
trial, title of case, nature of offense, and amount of 
fine, giving amounts collected, amounts uncollected, 
and accompanying the report with receipts from the 
county treasurer for amounts collected and paid over 
to him. (Q, 1.) The county treasurer at the time 
of rendering his quarterly report of taxes collected to 
the county superintendent, shows separately in each 
certified statement the amounts received from fines 
and by whom paid in. (Q, 2.) Any person receiving 
these fines and failing to pay over the same, forfeits 
double the amount so withheld and interest thereon 
at the rate of five per cent per month during the 
time it is withheld. (C, 69.) It is the especial duty 
of the county superintendent to look after this part 
of the school fund. (C, 69.) "He should examine 
the books of county treasurers, records and fee 
books of justices of the peace and clerks of courts, 
to ascertain whether or not the fines have been col- 
lected, and if collected, whether they have been 
placed to the credit of the proper fund and paid 
over.'' (VIII, 201; X, 212.) He also makes a re- 
port thereon to the county commissioners semi- 
annually, or often er, if required by them. (C, 69.) 
All fines, forfeitures and penalties may be recov- 
ered by legal proceedings. (C, 69.) The county 
commissioners should institute proceedings after the 



90 COLORADO SCHOOL LAW. 

same has been looked into and reported upon by the 
county superintendent. (VIII, 202; X, 212.) 

144. General Fund. These sources of revenue 
constitute the general fund, which may be used only 
for teachers' wages and necessary current expenses 
until a school has been conducted for a period of ten 
months in one year." (X, 213.) 

It is unlawful for the school board to use the 
money of the general fund for the purpose of build- 
ing, furnishing, or erecting additions to any school 
house, or for the purchase or improvement of any 
school house, site, or lot, unless all expenses necessary 
for maintaining a school ten months in the year have 
first been paid. (C, 71.) Two schools in one dis- 
trict, each holding a school five months, does not 
comply with the requirements of this law. The gen- 
eral fund cannot be used to purchase an organ. 
(VIII, 203.) 

145. Disbursement of the General Fund. The 
county treasurer certifies to the county superinten- 
dent on or before the first day of January, April, 
July, and October, the sum of money then on hand, 
and also the amount of money uncollected. The 
funds unpaid are collected subsequently and certified 
in subsequent reports. If the county treasurer fails 
to pay over the funds, he is liable to be fined one 
hundred dollars and double damages, to be collected 
on his official bond, suit being brought by the county 
superintendent. (C, 66.) 

The county superintendent apportions the gen- 
eral school fund of the county on the first Monday of 



COLOEADO SCHOOL LAW. 91 

January, April, July, and October in each year, and 
he may make apportionments at other times if there 
is sufficient money in the treasury to warrant it. (C, 
69.) The apportionment is made among the several 
districts according to the school population, as shown 
by the census lists of the several districts for the 
school year immediately preceding (C, 73), except 
the July apportionment, which is made on the census 
lists of the school year next preceding, and the 
apportionment of funds to new districts. (C, 72.) 
(See Funds for New Districts.) 

The failure of the district secretary to file his 
annual report and census list with the county super- 
intendent works a forfeiture of the school funds of 
the district. (See School Census and Duties of the 
Secretary.) However, if it can be shown that the 
secretary prepared the reports, and that they failed 
to reach the county superintendent through no fault 
of the secretary; and that a school was maintained 
in the district for not less than the minimum time 
required by the state constitution ; and if it is also 
shown that duplicates of the papers have been placed 
in the hands of the county superintendent, the Su- 
•perintendent of Public Instruction shall direct the 
county superintendent to apportion to such district 
its per capita share of the general fund distributed 
during the remainder of the year. (C, 74.) The 
county treasurer keeps a separate account with each 
district, and pays over the funds on properly drawn 
warrants. (C, 68.) 



92 COLOKADO SCHOOL LAW. 

Questions. 

1. When and by whom are the school funds 
apportioned? (V, 34.) 

2. Upon what basis are the school funds appor- 
tioned? (V, 34.) 

3. From what sources do we obtain the school 
fund? (X, 284.) 

4. What is meant by the '' Penal Fund "? (X, 
307.) 

5. What is meant by the general school fund? 
For what may it be used? 

6. How is the county tax levy made? How is 
it estimated? What are the limits as to amount? 

7. How is the tax levy collected? 

8. What provisions are made for the recovery 
of the penal fund? 

9. What are the county treasurer's duties in 
regard to the distribution of the general fund? 

CHAPTER m. 

DISTRICT FUNDS. 

146. Sources. The district school funds consist 
of: 1. The apportionment from the general fund. (See 
Chap. II.) 2. Such fines and penalties as belong to' 
the district. (C, 69.) 3. Fines collected under the 
compulsory education law. (G, 1.) 4. A special 
district tax. (C, 64.) 

147. Special Tax Levy. On or before the day 
on which the county commissioners levy the county 
taxes, the school board certifies to the commissioners 



COLORADO SCHOOL LAW. 93 

the number of mills per dollar which it is necessary 
to levy on the taxable property of the district for any 
of the purposes for which the board is authorized to 
expend money. (C, 67.) (See Powers of Directors.) 
Districts of the third class cannot certify a tax 
greater than fifteen mills on the dollar. (G, 67.) In 
addition, the board may levy a special tax not to 
exceed one-tenth of one mill, the proceeds to be used 
exclusively in the purchase of books for a library, 
which shall be open to the public under rules made 
by the district board. (C, 67.) The boards of ail 
districts may certify a special tax without a vote of 
the electors, but where a vote is taken the amount 
voted should be certified by the directors. (VII, 86; 
VIII, 208.) It is not lawful for a district board to 
reconsider a special levy after the same has been 
certified to the county commissioners (C, 70); nor 
can the board make a new levy. (VII, 75; VIII, 
208.) If the certificate has not been filed, however, 
it may be reconsidered. (VII, 83; VIII, 208.) 
The county commissioners have no discretion in 
the matter, further than to see that the meeting 
was legally held. (C, 70.) Should the board of 
directors fail to certify a special tax, the county 
commissioners are authorized to make the levy. (C, 
64.) Should a special tax be voted by the electors 
for the purpose of erecting a school house, that act 
does not authorize the directors to build. There 
must be a direct vote on the question of building. 
(VIII, 209.) A later decision reverses this, and 
gives the directors authority to build. (X, 216.) 



94 COLORADO SCHOOL LAW. 

The special tax is assessed to each taxpayer and 
placed in a separate column of the tax book, headed 
*' Special School Tax." This tax is collected in cash 
only, and placed to the credit of the proper district 
as soon as collected. The county treasurer reports 
to the district secretary at the end of each month the 
amount on hand. (C, 67.) 

148. Disbursements: Warrants. The district 
funds are disbursed by warrants drawn on the county 
treasurer. Warrants are drawn by the district sec- 
retary, signed by the president, and countersigned 
by the secretary and treasurer. (C, 53; C, 54; C, 
58.) If, however, there are but two directors, war- 
rants signed by the'm are valid. (X, 218.) The 
county treasurer is the one to pass upon the legality 
of a warrant which is signed only by the president 
and secretary of the board. Should he pay such 
warrants and afterward find that they were issued to 
parties to whom the board is not legally indebted, he 
will be liable upon his bond. (VIII, 213.) It does 
not invalidate a school warrant to specify a rate of 
interest not exceeding eight per cent and date of 
payment. (Vll, 79; VIII, 214.) Warrants cannot 
be drawn to be paid in parts. Two warrants should 
be drawn, one for the exact amount in the treasury, 
and one for the balance due. (X, 219..) A warrant 
payable two years from date of issue and in excess 
of the special tax levy for the current year is invalid. 
(VIII, 214.) 

149. The only legal restriction placed upon 
school directors in the matter of issuing warrants is 



CGLOIUDO SCHOOL LAW. 95 

that they must be issued to persons to whom the 
district is legally indebted (see Powers of Directors) 
(C, 53), and that the total amount must not be in 
excess of the special tax levied for the current year. 
(C, 68; YII, 83; VIII, 215; X, 219.) A district is 
legally indebted to parties who have performed serv- 
ices which aid the directors to perform their duties. 
A school board cannot pay the tuition of pupils who 
attend school outside of the district (VII, 87; X, 216) , 
nor defray the expenses of a singing school (VII, 77; 
VIII, 203; X, 212), nor loan the money of the dis- 
trict. (VIII, 188.). Bills against a school district 
must be audited at a meeting of the board and war- 
rants issued by a majority vote. (VIII, 214; X, 
219.) When warrants are sold at a discount, the 
holder must bear the loss. (VIII, 214.) A board 
has no right to issue warrants to make up such defi- 
ciency. (X, 219.) In the case where the teacher 
suffers by shrinkage, the board may make up the 
deficiency by voting an increase of salary. (VIII, 
214; X, 218.) 

150. "No Funds.'' If a legal warrant is pre- 
sented to the county treasurer when there are no 
funds in his hands to the credit of the district, he 
endorses the warrant "No Funds," and it draws 
interest from the date of such endorsement at the 
same rate as county warrants in like condition. The 
county treasurer keeps a list of all warrants so en- 
dorsed. (C, 68.) As soon as there are funds to the 
credit of the district he pays them in the order of 
their endorsement; and if at any time there is $200 



96 COLORADO SCHOOL LAW. 

to the credit of the district, he publishes the same in 
some newspaper published in the county seat, for 
twenty days, describing the warrants by number and 
amount. At the end of advertising, the warrants 
cease to bear interest. (I, 1.) 

All moneys remaining to the credit of any dis- 
trict on June 30, remain to the credit of such district, 
and cannot be turned into the general fund for 
reapportionment. (VIII, 203.) 

151. Funds for New Districts. When a new 
district is formed from one or more old ones, the 
school funds remaining to the credit of the old dis- 
trict, after providing for all outstanding debts, ex- 
cepting debts incurred for building and furnishing 
school houses, are divided according to the school 
population in each district as shown by the last 
school census before the division occurred. In case 
of division each district owns all the permanent 
property within its boundaries. The general fund is 
apportioned to the new district according to its school 
population. Unpaid special taxes are apportioned 
according to the location of the land on which they 
are levied. No money is paid to a new district until 
a school has been begun. The county superintendent 
personally apportions all the funds for the first year 
after a district is divided. (C, 32.) All taxes which 
were levied in the old district are binding in the new 
district after it has been formed. (C, 30.) Should 
the new di-strict fail to maintain its organization, the 
funds go to the old district. (C, 30.) 



COLOEADO SCHOOL LAW. 97 

Questions. 

1. What is meant by a special tax levy! (X, 
309.) 

2. What is a registered warrant? (X, 309.) 

3. How and from what som^es is money de- 
rived for the support of the public schools? (VII.) 

4. For what may a special tax levy be used? 
(X, 309.) 

5. When is the special tax levy made? 

6. What conditions are imposed upon directors 
when making a special levy? 

7. What is a legally drawn warrant? 

8. What influence has an endorsement on a 
warrant? 

9. What formality is required in order that dis- 
trict warrants may be legal? (XI, 162.) 

CHAPTER IV. 

DISTEICT BONDED INDEBTEDNESS. 

152. Purposes. Qualified Electors. Limita- 
tious. A school district may issue bonds for the 
purpose of erecting and furnishing school buildings, 
purchasing grounds (B, XI, 7; C, 45), or funding 
floating debts. (C, 90.) The vote on bonded in- 
debtedness is restricted to the legally qualified elec- 
tors of the district who have paid a school tax within 
the district during the preceding year. (B, XI, 7; 
C, 45.) A woman may vote on bonds provided she 
has paid taxes in her own name. (VIII, 215; X, 
219.) The aggregate amount of bonded indebted- 



98 COLOEADO SCHOOL LAW. 

ness cannot exceed three and one-half per cent of 
the assessed valuation of the property within the 
district. (C, 90.) In estimating the maximum 
amount of bonds, the last complete assessed valua- 
tion must be used. (VII, 84; YIII, 189; X, 206.) 

A new district created from territory which is 
already bonded, can issue new bonds to the amount 
not to exceed the difference between its share of 
the present bonded indebtedness and the three and 
one-half per cent limit. (VII, 81; VIII, 189; X, 
206.) 

153. Voting the Bonds. On petition of twenty 
legal voters of any school district, the secretary gives 
notice not less than twenty days before a regular or 
special meeting that the question of contracting a 
bonded debt for stated purposes will be submitted to 
the legally qualified voters. The board of directors 
in first and second class districts may call special 
meetings for this purpose. A legally qualified voter 
may challenge anyone offering to vote. The judges 
thereupon administer this oath: "You do swear (or 
affirm) that you are a citizen of the United States, 
or that you have declared your intention to become 
such; that you have resided in the State of Colorado 
six months immediately preceding this election; that 
you are twenty-one years of age; that you have re- 
sided in this district thirty days next preceding this 
election; and that you have paid a school tax within 
this district during the past year, and that you have 
not voted at this election; so help you, God (or 
under the pains and penalties of perjury)." If he 



COLORADO SCHOOL LAW. 99 

refuse to take such oath, his vote shall be rejected. 
The electors first a^ree by majority vote on the 
amount of indebtedness to be created, and then pro- 
ceed to vote by ballot "For the bonds" or "Against 
the bonds." If the majority of votes are "For the 
bonds," the directors are authorized to issue the 
same. (C, 90.) 

154. Form of Bonds. When a district has 
voted bonds, the directors are authorized to issue 
coupon bonds, bearing interest not exceeding eight 
per cent per annum, payable semi-annually aiid 
redeemable at the pleasure of the district after five 
years, and payable fifteen years from date, the prin- 
cipal and interest payable at the office of the county 
treasurer. If the directors desire, they may make 
them payable in New York City at the option of the 
holders. (C, 90.) The bQuds must be signed by the 
president of the board of directors, have the seal of 
the district attached, and be countersigned by the 
county treasurer. (C, 97.) They must sta+e upon 
their face that they have been issued under this act. 
(C, 91.) Previous to being negotiable, the bonds 
must be registered by the county recorder in a book 
kept for that purpose. (C, 91.) 

155. Sale of Bonds. When bonds are issued 
by a district, it is customary for the district secre- 
tary to correspond with parties interested in the pur- 
chase of school bonds. In the communication he 
usually states the amount of bonds to be issued, and 
the terms of interest and payment, and asks for bids. 
The bonds are then sold to the highest bidder. 

L. of C. 



100 COLOEADO SCHOOL LAW. 

When the bonds are sold, the district treasurer 
is the proper custodian of the funds. (VIII, 203.) 

156. Interest and Redemi)tion. When a dis- 
trict has issued bonds, the county commissioners are 
authorized to levy a special tax on the property of 
the district sufficient to pay the interest coupons on 
the bonds. The county treasurer collects this tax 
and keeps it separate from other school funds. If 
there is a surplus after paying the interest and 
incidental expenses, it is placed to the credit of the 
district. (C, 92.) The cancelled coupons are at the 
disposal of the district board. (C, 90.) The bonds 
are payable in from five to twenty years. At the 
time of levying the county taxes for the year next 
preceding, the county commissioners levy a tax suf- 
ficient to pay not less than ten per cent or more than 
twenty per cent of the face value of the bonds. 
When this tax^ is collected it is paid over to the dis- 
trict treasurer. (C, 92; C, 101.) 

The district treasurer immediately advertises in 
some newspaper published in the county, if there be 
any, for four successive weeks that on a certain day 
he will pay certain of the bonds, described by num- 
ber and amount. Interest on the bonds ceases on 
the day set for payment. The bonds are paid in the 
presence of the county treasurer, who cancels them, 
makes a minute of such cancellation on his books, 
and places the cancelled bonds at the disposal of the 
district. (C, 92.) 

157. Refunding Bonds. The board of direc- 
tors of a district having a bonded indebtedness may 



COLOKADO SCHOOL LAW. 101 

refund the same at any time with the consent of the 
bond owners, in bonds bearing a less rate of interest 
than the bonds so refunded and running for a longer 
time. The bond thus issued cannot be exchanged 
for less than par for the bonds outstanding. (C, 99 ; 
P, 1.) When the bonded indebtedness of any dis- 
trict becomes due or redeemable at the pleasure of 
the district, and there are no funds available with 
which the district may pay them, the board of direc- 
tors may issue and sell new bonds equal to the sum 
necessary to redeem the bonds due or redeemable 
and not otherwise provided for. The new bonds 
shall not be sold for less than par value. (P, 1.) 
They bear the rate of interest determined by the 
board, provided it is not more than eight per cent. 
They are redeemable at the pleasure of the board 
within a period not to exceed ten years, and payable 
in not to exceed twenty years from the date. (P, 1.) 
In respect to form and method of payment, these 
bonds correspond to bonds first issued. (C, 100.) 
No bonds shall be refunded, however, until the elec- 
tors have voted on the question of refunding bonds. 
(C, 102; X, 207.) 

158. Taxation for Payment of Bonds. Change 
in district boundaries does not release real estate 
from taxation, to pay interest or principal of bonds. 
Territory which is annexed to a district which has 
issued bonds becomes liable for taxes to pay both 
interest and principal of bonds. (C, 95.) 

State or government lands to which title is 
obtained after a bond issue are subject to tax for 



102 COLOKADO SCHOOL LAW. 

bonds and interest from date of obtaining title. 
(Vm, 189; X, 206.) Government land to which 
title has not been perfected is not subject to taxation. 
If. it is set off from a district which has issued bonds 
before title is perfected, it is not liable for taxes to 
pay those bonds when title is perfected. (VIII, 189; 
X, 206.) 

Questions. 

1. Describe fully the mode of procedure in a 
school district where the people wish to issue bonds. 
(X, 297.) 

2. For what purposes may a school district be 
bonded? (VII.) 

3. What limitation is placed on a school dis- 
trict as to the amount of bonded indebtedness it may 
incur? 

4. What is the basis of the estimate of a maxi- 
imum bond issue? 

5. How does a new district, organized from 
territory already bonded, estimate the maximum 
amount of bonded indebtedness it may incur? 

6. What are the qualifications of a person w^ho 
may vote for bonds? (XI, 162.) 

7. What is the form of a school bond? 

8. How are the bonds of a district to be sold? 
Who is custodian of the funds derived from them? 

9. How is the interest paid on the bonds? How 
are they redeemed? 



COLOKADO SCHOOL LAW. 103 

10. State all the duties of the county treasurer 
in connection with school bonds? 

11. How are school bonds refunded? 

12. In what respects do refunding bonds differ 
from those of the first issue? 

13. What provisions are made regarding lands 
which are subject to taxation for the payment of 
bonds and interest? 



BOOK IV. 
STATE INSTITUTIONS. 



159. The University of Colorado, at. Boulder; 
the Agricultural College, at Fort Collins; the School 
of Mines, at Golden; and the Deaf Institute, for the 
education of mutes, at Colorado Springs, were estab- 
lished under territorial law, and by the state consti- 
tution were made state institutions, upon the adop- 
tion of that instrument. (B, VIII, 5.) 

The Univeksity of Colobado. 

160. Control. The university is controlled by 
a board of six regents, who are elected by the voters 
and hold office for six years. Their election is so 
arranged that two are elected every two years at the 
general election. (B, IX, 12.) This board has 
power to elect a president of the university, who 
holds office until removed by the board for cause. 
The president is ex-officio member of the board; he 
presides at its meetings, and has the privilege of 
speaking, but no vote except in case of a tie. He is 
the principal executive officer of the university and 
a member of the faculty. (B, IX, 13.) The regents 
have general supervision of the university, and ex- 
clusive control of the funds. (B, IX, 14.) 

161. Support. The university receives the pro- 
ceeds of a direct tax of one-fifth of a mill on the tax- 



106 COLOKADO SCHOOL LAW. 

able property in the state, the revenues arising from 
the sale or rental of seventy-two sections of land 
granted by Congress, and such appropriations as are 
made by the general assembly. (2, 85.) 

162. Departments. The university comprises 
six departments: The College of Liberal Arts, the 
Colorado School of Applied Sciences, the Colorado 
School of Law, the Colorado School of Medicine, 
Graduate Courses, and the State Preparatory School. 
The tuition in all departments is free. (2, 84.) 

The State Agkicultural College. 

163. The State Agricultural College is under 
the control of a board of trustees appointed by the 
Grovernor. Its sources of support are: The land in- 
come fund derived from sales of parts of 90,000 acres 
of land granted by Congress, and rents of leased 
lands not yet sold, the Hatch Act in support of the 
United States experiment stations, the United States, 
fund from the " Morriss Bill," the special fund de- 
rived from the sale of stock, farm products, and the 
like, and the state tax fund (one-sixth mill on all 
taxable property of the state). (IX, 308; 3, 1139.) 
The departments are: Agriculture, mechanical engi- 
neering, irrigation and civil engineering, domestic 
economy, and a business course. (2, 81.) Tuition 
is free. 

The State Normal School. 

164. Establishment. The State Normal School 
was established at Greeley by an act of the general 



COLORADO SCHOOL LAW. 107 

assembly, approved April 1, 1889, for the purpose of 
giving instruction in the science of teaching, and 
such branches of knowledge as shall qualify teachers 
in their profession. (H, 1.) 

165. Control. The control of the school is 
vested in a board of six trustees, who hold office for 
six years. Two trustees are appointed every two 
years by the governor. Every trustee is obliged to 
take the oath of office which is placed on file in the 
office of the Secretary of State. The superintendent 
of Public Instruction is ex-officio a member of the 
board. (H, 2, 3.) 

The board has perpetual succession, is a body 
corporate, and has power: 

First. To hold property for the use of the 
school. (H, 2.) 

Second. To be a party to suits. 

Third. To make by-laws for the government of 
the corporation. (H, 2.) 

Fourth. To have general supervision, subject 
to the constitutional powers of the State Board of 
Education, of the school, and control and direction of 
its funds. 

Fifth. To appoint a faculty consisting of a 
principal and assistant principal and such other pro- 
fessors as may be required, together with assistant 
teachers. To remove any member of the faculty or 
employe of the school, and to employ others to fill 
the vacancy. To fix the salary of each and pre- 
scribe his duties. (H, 5.) 



108 COLORADO SCHOOL LAW. 

Sixth. To prescribe, with the advice and con- 
sent of the faculty, the books to be used in the 
school, the course of study and instruction, which 
shall not be less than three years. (H, 5.) 

Seventh. To make all by-laws and regulations 
for the government of the school. (H, 5.) 

Eighth. To provide ground, buildings, appa- 
ratus, books, and things necessary for the proper 
instruction in the school. (H, 6.) 

Ninth. To prescribe qualifications for the ad- 
mission of students. Every applicant is required to 
pass a satisfactory examination, give evidence of 
good moral character, and file with the board of trus- 
tees a declaration to engage in the business of teach- 
ing in the public schools of the state. (H, 7.) 

Tenth. To elect officers of the Board. These 
consist of: 

A president, from their own number, who holds 
office for one year. 

A secretary, who is not a member of the Board, 
and holds office for one year and until his successor 
is qualified. He must give bond in a sum fixed by 
the Superintendent of Public Instruction, which bond 
is filed with the Secretary of State after approval by 
the trustees. The State Treasurer is ex-officio treas- 
urer of the Normal School. (H, 9. J 

Eleventh. To receive, demand and hold for the 
uses of the school money, lands, or other property 
that may have been donated to the school and apply 
the same for its interests. (H, 14.) 

Twelfth. To report to the State Board of Edu- 



COLOEADO SCHOOL LAW. 109 

cation on or before the first day of August of each 
year, the affairs and conduct during the year last 
preceding. This report is made upon blanks pre- 
pared by the Superintendent of Public Instruction, 
and includes the following items: 

1. The number of students enrolled during the 
preceding year, their sex, age, residence, and place 
of birth. 

2. The attendance each day; the average at- 
tendance for each week and term, and during the 
year; the number of days the school was taught in 
the year. 

3. The full curriculum of instruction in said 
school; the classification and departments thereof; 
the branches taught; time devoted to each; text- 
books and apparatus in use; number of books in the 
library; requirements for admission and graduation, 
with dates and requirements for examinations. 

4. The number of students in each department 
and class; number of diplomas granted, and to 
whom; number, names, and residence of graduates; 
number of suspensions and expulsions, and cause of 
same. 

5. The names and number of teachers in each 
class and department, length of time each has been 
employed, and salary paid to each. 

6. Names, individual employment, and number 
of all other employes in and about the school, with 
rate and amount of wages paid to each. 

7. A full financial statement, classified and 
itemized, of the business department of the school 



110 COLORADO SCHOOL LAW. 

and corporation, covering receipts and expenditures 
from and by all sources, and in such form as to 
show the average cost of the school per month for 
each pupil, and in gross for the year; cash on hand, 
and deficit at the beginning and end of the year. 

8. An estimate of the necessary expenditures, 
ordinary and special, for the next ensuing year. 

9. Such other particulars as the said Board of 
Education may require, necessary to a fair and com- 
plete showing and fair understanding of all the affairs 
of the school. 

This report must be signed by the president and 
secretary of the board, and verified by the oath of 
one or more of their number. (H, 16.) 

The trustees are entitled to receive five dollars a 
day and travelling expenses when employed in their 
duties as trustees. (H, 13.) 

166. Tuition and Diplomas. The Normal 
School is open to all persons sixteen years of age 
or over who are residents of the state, free of charge. 
The trustees fix~ tuition for nonresidents. Such stu- 
dents are not required to take the obligation to teach 
in this state. (H, 8.) The school has power to 
grant diplomas, but no charge can be made for them. 
(H, 12.) (See Teachers' Certificate.) 

167. Maintenance. The school is supported 
by a one-sixth mill tax on all the taxable property 
of the state; library, reading room, and laboratory 
free; fees from the model school and kindergarten 
departments; and appropriations made by the gen- 
eral assembly. (2, 85.) 



COLOEADO SCHOOL LAW. Ill 

The State School of Mines. 

168. The State School of Mines is situated at 
Golden. It is under the control of a board of trus- 
tees, and is supported by a one-fifth mill tax on all 
taxable property of the state. The tuition -is free to 
all residents of the state. (2, 85.) 

The Deaf, Mute, and Blind Institute. 

169. Control and Support. The Deaf, Mute, 
and Blind Institute, situated at Colorado Springs, is 
under the control of a board of trustees appointed by 
the Governor. It receives the proceeds of a one- 
fifth mill tax on all taxable property of the state and 
special appropriations made by the general assem- 
bly. (2, 91.) 

170. Admission. Every blind, deaf, or mute 
citizen of Colorado over six years and under twenty- 
one years of age is entitled to receive an education 
at the institute at the expense of the state. (M, 13.) 
This includes expenses of board and clothing. (2, 
85.) All applicants ovei' twenty-one years may be 
admitted by the trustees by the payment of tuition 
fees. (M, 13.) The census of deaf and blind per- 
sons taken at the time of the annual school census 
(see School Census) is reported by the county super- 
intendents on the first day of June. to the superinten- 
dent of the school. This includes all persons who 
may be too blind or deaf to acquire an education in 
the common schools. (M, 13.) 



112 colorado school law. 

Teachers' Normal Institutes. 

171. Though not strictly a state mstitution, the 
Teachers' Normal Institutes are more easily classi- 
fied here than in any other division of the book. 

172.- Organization. For the purpose of organ- 
ization and maintenance the state is divided into 
thirteen normal districts. District No. One com- 
prises Sedgwick, Phillips, Logan, Yuma, Washing- 
ton, and Morgan counties; district No. Two, Weld, 
Larimer, and Boulder; district No. Three, Arapa- 
hoe; district No. Four, Gilpin, Clear Creek, and 
Jefferson; district No. Five, Douglas, Elbert, El 
Paso, and Teller; district No. Six, Kit Carson, Lin- 
coln, and Cheyenne; district No. Seven, Fremont, 
Custer, and Pueblo; district No. Eight, Kiowa, 
Otero, Bent, Prowers, and Baca; district No. Nine, 
Huerfano and Las Animas; district No. Ten, Sa- 
guache, Costilla, Conejos, Rio Grande, and Mineral; 
district No. Eleven, La Plata, Montezuma, Archu- 
leta, Dolores, and San Juan; district No. Twelve, 
San Miguel, Ouray, Hinsdale, Mesa, Delta, Mon- 
trose, and Gunnison; district No. Thirteen, Chaffee, 
Lake, Park, Pitkin, Eagle, Summit, Garfield, Routt, 
Rio Blanco, and Grand. New counties formed within 
the limits of any normal district are made a part of 
such district. (C, 81.) 

173. Condnct of the Institutes. Institutes for 
the instruction of teachers are held annually in each 
district for a term of not less than two weeks. The 
county superintendents of each district elect a com- 



COLOKADO SCHOOL LAW. 113 

mittee of not more tbaii three of their own number, 
who, with the advice and consent of the Superin- 
tendent of Public Instruction, and principal of the 
State Normal School, determines the time and place 
of holding the institute, and select a conductor and 
instructor for the same. Instructors in the Normal 
Institutes are required to hold a cortificate for such 
work issued by the State Board of Education upon 
recommendation of the State Board of Examiners, 
but members of the faculty of the Normal School are 
ex-officio conductors of normal institutes. (C, 81.) 
Teachers who attend the normal institutes are enti- 
tled to have five per cent added to the average 
standing in examinations. (C, 81.) This credit is 
added only by reason of attendance at an institute 
held in this state. {VII, 74; X, 214) 

174. MaiiiteiiaDce. The funds for maintaining 
the institutes are derived: (1) By a fee of one dollar 
from each person attending the institute, (2) the 
executive committee in charge certifies to the boards 
of county commissioners the number and names of 
the persons attending the institute from their re- 
spective counties. The county commissioners then 
appropriate two dollars for each person so certified. 
When the executive committee of any institute certi- 
fies to the Superintendent of Public Instruction that 
not less than twenty-five persons have paid the reg- 
istration fee, he certifies the same to the State 
Auditor, who issues a warrant to the custodian of 
the normal institiite fund on the State Treasurer for 
the sum of fifty dollars, to be paid out of the funds 



114 COLOEADO SCHOOL LAW. 

appropriated for that purpose. The county superin- 
tendents interested designate some county treasurer 
to act as custodian of the funds. At the close of the 
institute the executive committee transmits to the 
custodian all funds received by it, together with the 
names of all persons paying the registration fee. 
The executive committee reports to the boards of 
county commissioners the name and address of the 
custodian of the funds and the boards issue warrants 
for the appropriated funds, payable to the custodian. 
The funds are held upon the order of the executive 
committee, and are paid only for services rendered 
and expenses incurred. (C, 81.)- 

Questioiis. 

1. What are the statutory provisions for hold- 
ing normal institutes? (XI, 178.) 

2. Where is the State University situated! 

3. How is it controlled? 

4. How supported? 

5. Where is the State Agricultural College! 

6. How is it supported? 

7. When was the State Normal School estab- 
lished? (XI, 156.) 

8. W^hat and when must the board of trustees 
report? 

9. What are the regulations for granting Nor- 
mal School diplomas? 

10. State what you know of the State School 
of Mines. 



COLOEADO SCHOOL LAW, 115 

11. What provisions are made for the education 
of the deaf and blind! (XI, 156.) 

12. How is the state organized for the purpose 
of holding normal institutes? 

13. How are they conducted! 

14. What is the normal institute fund! (XI^ 
157.) 



TABLE OF REFERENCES. 



STATUTORY. 



f^ Enabling Act. (References to section.) 

B Constitution of the State of Colorado. (References to article and 
section. ) 

C An Act to Establish and Maintain a System of Free Schools. 
Approved March 20, 1877, as amended by the Second, Third, 
Fourth, Sixth, Seventh, Eighth and Tenth General Assemblies. 
(References to section. ) 

D An Act to Prevent Frauds in the Letting of Public Contracts. 
Approved February 3, 1872. (References to section.) 

E An Act to Provide for the Study of the Nature of Alcoholic 
Drinks and Narcotics, and Their Effects upon the Human 
System. Approved April 4, 1887. (References to section.) 

F An Act to Establish Arbor Day. Approved March 22, 1889. 
(References to section.) 

G An Act to Secure to Children the Benefit of Elementary Education. 
Approved April 18, 1889. (References to section.) 

H An Act to Establish, Govern and Maintain a State Normal School. 
Approved April 1, 1889. (References to section.) 

I An Act to Provide for the Payment of School Orders by the 
County Treasurer as Soon as there is Money on Hand for the 
Payment of the Same. Approved March 29, 1887. (References 
to section. ) 

J An Act to Amend Sections 1, 2, 3, 7, 9, 10, 11, 12, 13, 14 and 17 of 
an Act entitled, "An Act to Provide for the Payment of Salaries 
to Certain Officers, to Provide for the Disposition of Certain 
Fees, and to Repeal all Acts Inconsistent Therewith." Ap- 
proved April 6, 1891, and to repeal all other law» in conflict 
therewith. Approved April 11, 1899. (References to section.) 



K An Act to Authorize School Directors to Purchase and Display 
United States Flags upon School Buildings. Approved March 
26,1891. (References to section.) 

L An Act Relating to the Display of Flags on Public and Private 
Buildings, and in Processions and Parades; a Penalty for the 
Violation of this Act. Approved March 6, 1895. (References 
to section. 

IVI An Act to Amend Sections 3 and 13, Chapter 76 of the General 
Statutes 1883, Entitled, "An Act to Create an Institute for the 
Education of the Mute and Blind; Provide for its Support and 
Management, and Repeal all lyaws for the Organization and 
Maintainance of the Institute for the Education of Mutes. ' ' 
Approved April 8, 1895. (References to section.) , 

1^ An Act to Empower the School Board of Any District to Establish 
and Maintain Free Kindergartens for the Instruction of 
Children between Three and Six Years of Age. Approved 
March 14, 1893. (References to section.) 

O An Act to Provide for Reporting Fines Collected for the Benefit 
of the General School Fund. Approved March 22, 1893. 
(References to section. ) 

p An Act to Amend Section 1 of an Act approved March 15, 1887, 
Entitled, *"'An Act to Amend Section 3094, Being Section 99 of 
Chapter XCVII, General Statutes of Colorado, Entitled, 
'Schools;' " the same being Section 4066, Mill's Annotated 
Statutes of Colorado. Approved April 8, 1897. (References to 
section. ) 

Q An Act to Amend Section 17 of an Act Entitled, "An Act to 
Provide for the Payment of Salaries of Certain Officers, to 
Provide for the Disposition of Certain Fees, and to Repeal all 
Acts Inconsistent Therewith." Approved April 6, 1891. (Ref- 
erences to section. ) 

p An Act to Provide for the Establishment and Support of High 
Schools in Counties of the Fourth and Fifth Classes. Adopted 
1899. (References to section.) 

S An Act to Compel the Elementary Education of School Children 
in the School Districts of the First and Second Classes. 
Adopted 1899. (References to section. ) 



Ill 

X An Act Concerning Free Public Libraries and Reading Rooms in 
Cities and Incorporated Towns. Adopted 1899. (References 
to section, ) 

U An Act to Amend Sections 3 and 4 of an Act Entitled, "An Act 
to Establish and Maintain a System of Free Schools." Ap- 
proved March 20, 1877. Adopted 1899. (References to section.) 



BIENNIAL REPORTS OF THE STATE SUPERINTENDENT OF 
PUBLIC INSTRUCTION. (References to page.) 

I. 1876-1878, Jos. C. Shattuck, Superintendent. 

II. 1878-1880, Jos. C. Shattuck, Superintendent. 

III. 1880-1882, I^eonidas S. Cornell, Superintendent. 

IV. 1882-1884, Jos. C. Shattuck, Superintendent. 

V. 1884-1886, Leonidas S. Cornell, Superintendent. 

VI. 1886-1888, Leonidas S. Cornell, Superintendent. 

VII. 1888-1890, Fred Dick, Superintendent. 

VIII. 1890-1892, Nathan B. Coy, Superintendent. 

IX. 1892-1894, J. F. Murray, Superintendent. 

X. 1894-1896, Mrs. A. J. Peavey, Superintendent. 

XI. 1896-1898, Mrs. Grace Espy Patton, Superintendent. 



MISCELLANEOUS SOURCES. 

1. Civil Government of Colorado, by R. D. Hatch. (References 
to page. ) 

2. The Government of the People of the State of Colorado, by 
J. S. Young. (References to page.) 

3. Report of the U. S. Commissioner of Education for 1896-1897. 
(References to page. ) 

4. Tenth Colorado Report: Smith vs. County Commissioners. 



INDEX. 



[THE NUMBERS SET OPPOSITE THE ITEMS BEI^OW REFER TO 
PARAGRAPHS NOT PAGES.] 



A 

Absence from district] works vacancy 
inboard 81 

Adjourn, annual meeting 10 

Admission — 

Of adults and non-residents -30 

To county high school 18 

No religious test 44 

To state institutions. (See state 

institutions.) 
To union high school 24 

Annexed territory 13 

Annual meeting — 

Election 9 

Failure to elect at 81 

Powers of electors at 10, 92 

Time and notice 8, 10 

Annulled districts 14 

Joint districts 15 

Appeal — 

From Co. Supt. decision 34, 51, 124 

To Co. vSupt . . . . 72 

Appoint — 

Co. Supt 54 

Directors 69 

I,ibrary directors 128 

Officers in 3d class districts 10 

Apportionment — 

County funds 71, 145 

State funds 53. 189 

Surphis funds 150 

Arbor day 29 

B 

Blanks and registers — 

Cost deducted 139 

How supplied 53 

Books. (See Text books.) 

Bond- 
In appeal from Co. Supt. decision . 34 

For attendance at school 37 

Of deputy Co. Supt 77 

Of district .secretary' 112 

Of district trea.surer 114 

Failure to give acceptable works 

vacancy 68 

Recovery on Co. Supt 74 



Recovery' on Co. treasurer's 

Of Supt. of public instruction .... . 
Bonds — 

Form of 

Interest and redemption ........... 

Issued and redeemed : . . 

Purposes, qualified electors, iimita- 
tions _ 

For public library .......'." 

Refunding 

Sale of district 

Signed by president of board . . . . 

Taxes for 

Vote for 

Boundaries — ° 

Conflicting 13 

Described in petition ..........' 

District " ' ' " 

Harmonized 

Record of 



145 

52 

154 
156 
97 



152 
129 
157 
155 
111 
158 
1*3 



63 
3 
13 
63 
63 



Call. _ (See Notice.) 

Candidates for boards of directors . . 9 
Census — 
Accompanying petition for new 

district , gj 

Of annexed territory .32 

Deaf, mute and blind ...!..... 170 

Does not contain names of kinder- 
garten children 47 

Failure to file ...'.'.' 145 

In joint districts . . . . . . . /. ' . 15 

I,ists reported and compared . .... '. 32 

In new district 3^ 4 

Reported by district secretaiyV.".'. .'ll3 

Residence 31 

School, how made ' .30 

Certificate — 
Of ability to read and write .... 35 

Of inability to attend school .34 

(See Teachers' certificate.) 
Certified copies of state records, ... 53 
Challenge of person voting bonds.. 153 
Committee — 

County high school 17 

Term of office, vacancy 20 

Union high school- 
How chosen 21 



VI 



Term and vacancy '. 22 

Compulsory education 33 to 41 

Enforced 96 

Contract, teachers' 85 

Copyright, state records and blanks 

cannot be 53 

County — 

Classification 1 

For Co. Supt. salaries 55 

Fout-th and fifth classes 16 

Pay traveling expenses for juvenile 

disorderly person 39 

County clerk — 

Keep Co. Supt. bond 54 

(See Funds, also Bonds.) 

County commissioners — 

Allovr mileage to Co. Supt 55 

Approve Co. Supt. bond 54 

Fill vacancy in Co. Supt. office 54 

lyCvy special tax 147 

Serve notice on Co. Supt 74 

Submit question of county high 

school 16 

Tax for county high school 19 

(See Funds, also Taixes.) 
County funds. (See Funds.) 

County high school 16 

Committee 17 

Meetings and powers 18 

Term of office, vacancy 20 

County superintendent — 

Administer oaths 70 

Advisory powers in arranging 

course of study 86 

Annex and detach territory 13 

Annual report 74 

Annul districts 14, 15, 64 

Appeal from 61 

Appeal to " 72 

Appoint directors 69, 81 

Apportion general fund 145 

Approve bond of district treasurer. 68 
Ascertain boundaries of districts . . 63 

And Arbor day 73, 29 

Assist — 

In organizing districts 5, 3, 61 

, In union of districts 12, 62 

In forming joint districts 15, 65 

In forming county high school . . 16 
In forming union high school. 22, 21 
Certificate — 

In first class districts 125 

"lyike grade" and "temporary" . 123 

Renewed 122 

Revoked 124 

To teach in his own county 76 

Certify county tax 141 

Compare census lists 32 

Compulsory education 34 

Instruct truant officer 36 

Judge of home instruction 35 

Search employers' records 35 

Conduct teachers' examinations . . . 

60, 120, 121 

Directed to apportion funds 53 

Exercise general supervision 56 



Examine district accounts 66 

Ex-officio land commissioners. .75, 137 

Failure to perform duty 78 

File- 
Bond of district secretary 112 

Oaths of directors 80 

Fill vacancies in county high 

school committee 20 

Funds — 

Super\ase county 71 

New district 151 

Penal 143 

Hear petition in case of hardship . 13 
Hold county teachers' association.. 58 
Keep — 

Record of acts 59 

Record of supplies 67 

May employ deputy 77 

Member of county high school 

committee 17, 20 

Obey Supt. of public instruction. 57, 53 
Qualifications, term, oath, bond, 

vacancy 54 

Receive district reports 98 

Receive notice of beginning school. 126 
Report census of deaf, mute and 

blind ; 170 

Salary 55 

Teachers' normal institutes. ..173, 174 
County treasurer — 

Certify funds to Co. supt 145 

Collect taxes 141 

Duties 79 

District bonds 154, 156 

Penal funds, receive . . 143 

Report taxes collected 147 

vSchool fund, and 71 

United district funds 12 

Warrants — 

For district funds 148 

"No funds" 150 

Course of study — 

Narcotics and hygiene 43 

Religion 44 

Court— 

Of compete'nt jurisdiction 53 

Compulsory education in 37, 39 

County in appeal 34 

Findings in 142 

Credit, Public, cannot be pledged... .135 

D 

Day, school, defined 27 

Deaf, mute and blind — 

Included in census 30 

Special census 32 

Deaf, mute and blind institute — 

Admission 170 

Control and support 169 

Decision of superintendent of public 
instruction 53 

Deputy county superintendent — 
To conduct examinations.. 120, 77, 76 

In first-class counties 77 

In other counties 77 

Diplomas. (See Teachers' certificates.) 



Vll 



Directors- 
Accounts examined 66 

Admit adults and non-residents — 30 

Appeal from Co. Supt 51 

Appointed 69 

Bible, may permit to be read in 

school 44 

Bills, audit 100 

Bonds- 
Issue and redeem 154, 156, 97 

Refund 157 

Build, purchase property, etc 92 

By-laws , 84 

Compulsory education, enforce 96 

Constitution provides for 26 

Course of study 42, 86 

District, classes — 

First class 7 

Examine teachers 125 

Second class 7 

Third class 7 

May call special district meet- 
ing 11 

New districts 3, 4 

Flags, may pay for 46 

Funds, use of general 144 

Furniture and supplies 90 

Garnished, cannot be 102 

High school, establish 106 

Instruction, control 83 

Kindergartens 47 

lyiterature, purge 93 

Meetings 82 

To form countj^ high school. . . 16, 17 

To form union high school 21 

Special district, call 109 

To vote bonds 153 

Money, cannot loan 101 

Permit children to attend other 

districts 94 

Qvialifications, oath 80 

Rent, repair, insure, etc 91 

Report — 

Annual 98 

To Supt. of public instruction 99 

Salary of secretary, fix 89 

School site, cannot purchase 110 

Tax- 
Certify special 95, 147, 107 

lyCvy special 108 

Teach, cannot in their own districts 85 
Teachers- 
Employ and discharge 85 

Cannot employ who have no 

certificate 115 

Examine ' .103 

Text books— 

Adopt 45 

Furnish 88 

Truant officer 36 

Tuition, determine rate 87 

Union high school committee, 

voice in 22 

Vacancy in board 81 

Vacancy, fill ' * " 104 

Warrants, restrictions in issuing.. 149 



Work, may not for their own dis- 
tricts 48 

Directors of public libraries. (See 

I,ibraries.) 
District — 

Annulled 14, 64 

Bod^' corporate 10 

Bonds — 

Form of 154. 

Interest and redemption 156 

Meeting to vote 153 

Purposes, qualijfied electors, limi- 
tations 152 

Refunding 157 

Sale 155 

Boundaries 63, 3, 13 

Annexed territory 13 

Division, limitations and 3 

Classification and officers 7 

Classified — 
First class — 

Examine teachers 103 

Fill vacancies .-. . . 104 

Issue certificates 125 

Population , 7 

First and second classes— 

Compulsory education in . . 34 

Exercise powers of electors in 

third class 105 

Certify special tax 107 

I^evy special tax. 108 

Truant officer 36 

Second class becomes first class. 7 
Third class — 
Directors cannot purchase 

school site 110 

Meeting, special district, .. .109, 11 

Population 7 

Powers of electors in. 10 

Joint. 15 

Designation 65 

When divided by county lines 

are 1 

New. (See Organization.) 

Funds for 151 

Bonds in 152 

Directors appointed in 69 

I<egal, when 2 

Meeting, annual 8, 9, 10 

O rgan i zation — 

In organized territory. .. 3 

In unorganized territory 4 

Union of districts 12 

District election. (vSee Election.) 
District funds. (See Funds.) 
District secretary. (See Secretary.) 
District treasurer. (See Treasurer.) 
Division of districts. (See districts.) 



E 

Election — 

Of county .superintendent 54 

District- 
Notices 8 

Annual 9 



Vlll 



special 9 

Of Supt. of public instruction 52 

Electors — 

Bonds, vote on 153, 157 

Meeting 

To form new district 3 

Annual, powers at 10 

In third class districts 10 

Special district 11 

Qualifications for electors 2 

Text books, vote for free 45 

Employers and children of school age 85 

Eiaployment of minors 35 

E«glish language, schools must be 

taught in 42 

Examination — 
For admission to union high school 24 
County — 

Conducted by Co. Supt 60 

lyCgal provisions 120 

Rules of the state board 121 

First class districts 125 

Kindergarten teachers 119 

Questions for quarterly 53 

Teacher — 
Cannot draw pay while attending 85 
Obligation of 124 

F 

First class districts. (See Districts.) 

Flags 46 

Act published 53 

Forest commissioners and arbor day.. 29 

Frauds, act to prevent 48 

Funds — 
County — 

Apportioned 71 

Designated 140 

County high school .'. 19 

District — 

Disbursement 148 

Forfeited 142 

Special tax levy 147 

Sources 146 

Reported 113,114 

General 79 

Disbursement I45 

Uses 144 

New district .6, 161 

Normal institute I74 

Penal— 

What comprises 142 

Defined 140 

Recovery I43 

Special 79 

State- 
Apportioned 53 

Investment fund — 

Control 138 

Defined 136 

Reported 53 

State Agricultural College 163 

vState Normal School 167 

vState School of Mines 168 

State Univensity 161 

Union high school 24 



United districts 12 

U.se for religious purposes 134 

G 

General fund 144 

Apportionment 151 

Disbursed 145 

Governor, issue arbor day proclama- 
tion 29 

Guardians and compulsory education 34 
Employment of children under 

care of 35 

Notified by truant officer 37 

Repeated offense 41 

Request subjects taught 42 

Unable to control child 38 

H 

High school — 
County. (See County high school.) 

District 106 

Union. (See Union high school.) 

Holidays — 

I.egal 28 

Teachers may teach on 85 

Hygiene, taught in the schools 43 

I 

Income fund, state 139 

Indigent children 40 

Industrial school for juvenile disor- 
derly person 40, 39 

Interpreter in Spanish district 42 

Investment fund, state — 

Control 138 

Defined 136 

Proceeds 139 



Joint districts. (See district.) 

Joint meeting 12 

Judges of district election 9 

Judgment, state board for money ... 51 

Juvenile disorderly person 38 

Proceedings against 39 

K 

Kindergartens 47 

Teachers' certificates 119 



I^ands, school — 

Control 137 

Designation 136 

lyCgal holidays 28 

lyCgislature may pass compulsory 
education law 33 

lyibrarian — 

Assistant 53 

State 53 

lyibrary — 
District, tax levy 147 



Public- 
Directors . , 128 

Duties and powers 129 

Report l:U 

Establishment and support 127 

Government 130 

Incorporation of other libraries. 132 
Repeal 133 

M 

Meeting" — 

Bonds, to vote 153 

County high school — 

Directors, to form 16 

Committee 18 

District, annual 8 

Election 9 

Powers of electors at 10 

Recorded by secretary' 113 

Joint, to unite districts ,. . 12 

New district, to form 3 

Special, in third class districts. . . 11 
Called 109 

Tnion high school committee . . . . 22 

Minors, employment of 35 

Month, school, defined 27 

N 

Names — 
Of applicants for certificates, ...... 60 

Census — 

Included in 30 

Stricken from 32 

Petition, of children in 3 

Naturalization of women 2 

Narcotics and hj^giene 43 

Non-resident — 

Defined 31 

May be admitted to school 30 

Normal institute, teachers' 171 

Organization 172 

Conduct 173 

Support 174 

Notice — 

Of annual district meeting 8 

Of bond payments " 156 

Of meeting to form county high 

school ". 16 

Of election of count}' high school 

committee 20 

Of county examination 120 

Of library consolidation 132 

In formin.g new districts 3 

Of beginning school 126 

Given by secretary 113 

Of special district" meeting 11 

Of meeting to form union high 

school ....... 21 

Of meeting to unite districts 12 



Oath- 
Administered by Co. Supt 70, 72 

Administered bv state board 51 



Bond voters 153 

Challenged pensons required to take 9 

Of county superintendent 54 

Of deputy county superintendent.. 77 

Of directors 80 

Of .superintendent of public in- 
struction 52 

Office - 

Of county superintendent 55 

Of superintendent of public in- 
struction 5p, 

Officers - 
Appointed in absence at district 

meeting i() 

Of district meeting 3 

In distircts 7 

In new district 10, 3 

Organization — 

Of new district 3, 4 

Maintained in new district 5 

Of united districts .12 

Failure to maintain 14 

P 

Papers, required in appeal 51 

Parents- 
Children employed 35 

Compulsory ediication, and 34 

Control child, ttnable to 38 

Notified of action of children 37 

Repeated oflfense 41 

Request subjects taught 42 

Sign petition 3 

Penal fund — 

What comprises 142 

Defined 140 

Recover}' . 143 

Petition- - 

For bonds 153 

To establish county high school ... 16 
To call special district meeting. ... 11 

To join district 13 

To form joint district 15 

Recognized bj' count}' superin- 
tendent ' 61 

To organize district 4, 3 

Physiology, taught in the schools. . . . 43 

Polls in first class districts 9 

President of board 7 

Absence 113 

Duties Ill 

Admisister oaths 80 

Sign warrants 148 

Proceedings- 
Appeal to county superintendent . . 72 
Against disorderly jxivenile person. 39 

To organize district 61 

Reported to county superintendent 3 
Instituted by truant officer 36 

Proceedure of truant officer 37 

Property- - 

Bonds for 152 

In divi.sion of district 151 

Held by district 10 

Powers of electors over 10 



Public library. (See L,ibrary.) 

Pnblic school defined 26 

State board of education 51 

Public school laws 58 

Q 

Qualification— 

For admission to high school 106 

Of county superintendent-. 54 

Of district electors 3 

Of directors 80 

For federal office 49 

Of superintendent of public in- 
struction 52 

Questions — 

And answers sent with appeal 51 

For count3^ certificate 120 

R 

Record— 

Of district boundaries 63 

Employers' 35 

Of superintendent of public in- 
struction 53 

Of truant officer 36 

Regents of state vtniversity 160 

Registration not required at school 
elections 9 

Religion — 

In course of study 44 

And public funds . . 134 

Report — 
Of superintendent of public in- 
struction 53 

(See Directors, also County super- 
intendent.) 

Residence — 
Change in does not change census. 32 

In district 31 

(See Non-resident:) 

s 

Salary— 

Of county superintendent 55 

Of superintendent of public in- 
struction 52 

School— 
Census. (See Census.) 
District. (See District.) 
Funds. (See Funds.) 
House— 

Building 10 

Fix site in third class districts ... 10 
L,ands— 

Control 137 

Designated 136 

L,aw, published 53 

Public- 
Defined 26 

Must be held in district 26 

Year defined 27 

Second class districts. (vSee Districts.) 

vSecretary of district 7 

Appeal, notified of 72 

Bond.. 112 

Bonds — 

Redemption of district 156 

Arrange sale 155 



Census, take school 31, 32, 30 

Delinquent, how to receive funds. . 53 

Duties.... 113 

Funds, notified of 71 

File teachers' registers. 126 

Notice — 

Of annual meeting 8 

Of meeting to vote bonds 153 

Of beginning school 126 

Report, failure to file 145 

Salary fixed 89 

Truant officer, furnish with blanks 36 

Warrants, draw 148 

Secretary of meeting to form district.4, 3 
Secretary of county high school com. 17 
Secretary of union high school com . 21 
Special meetings in 3d class districts. 11 
State Agricultural college — 

Control, support departments 163 

Territorial institution 159 

State Board of Education — 

Composition 50 

Cannot prescribe text books. 45 

Grant diplomas .116 

Meetings and powers 51 

Receive report of normal school . . . 165 
Receive reports of normal insti- 
tutes ..173 

Supt. of Pub. instruction member of 53 
State Board of Examiners — 

Composition and duties 116 

Supt.of Pub. instruction member of 53 
State Board of I,and Commissioners — 

Control school lands 137 

Supt.of Pub. instruction member of 63 

State diplomas 116, 117 

State Deaf, Mute and Blind Insti- 

titte 169, 170 

Temtorial institution 159 

State income fund 139 

State institutions Book IV 

State investment fund — 

Control 138 

Defined 136 

Proceeds 139 

State Normal school — 

Control 165 

Diplomas 118 

Establishment 164 

Kindergarten department 119 

Supt. of Pub. instruction a trustee . 53 

Support 167 

Tuition and diplomas 166 

State School of Mines — 

Control and support 168 

Territorial institution. 159 

Student — 
Cannot be required to attend relig- 
ious instruction 44 

Sunday, legal holiday on 28 

Superintendent of public instruction — 

Arbor day, promote 29 

Bond of secretary of normal school 

hold 165 

County superintendent must obey. 57 
County reports 74 



XI 



District— 

Order funds paid 14o 

Order to report. 99 

Duties 53 

Kxamination questions, prepare. . . 120 

Normal institutes, and 173 

Qualifications and term 52 

State funds, apportion 139 

State board of land comniissieners 

member of 139 

Teachers' blanks 126 



Taxes — 

For Agricultural college 163 

For bon^s 158, 156 

Collection 145 

For county high school 19 

County levy 141 

For Deaf, Mute and Blind institute. 169 
District — 

When go to new 6 

In old become valid in new 5 

Levy in 3d claas districts 10 

Special 107, 108, 146, 147 

For public library 127 

For State Normal school 167 

State school 139 

For State School of Mines 168 

For State University — 161 

Taxpayers, petition for county high 

school 16 

Teachers- 
Appeal to state board 51 

Cannot draw pay while attending 

examination 85 

Certificate necessary 115 

Duties 126 

Employed and discharged 85 

Teachers* certificates- 
County — 

Expiration, revocation 124 

Issued and renewed 122 

I,egal provisions 120 

"lyike grade" and "temporary". 123 
For music, drawing and modern 

languages 123 

For new county 123 

Required of candidates for state 

diplomas 117 

Rules of the state board. 121 

Record 60 

County .superintendent 76 

First-class districts 125 

Kindergarten 119 

Necessary 85,115 

For normal institutes 173 

State diplomas 51, 116, 117 

State normal school 166, 1 18 

Teachers' normal institutes — 

Conduct 178 

Organization 172 

Suport 174 

Text books — 

Adopted 45 

Furnished by district 10,88 

For phj^siology 43 



Require pupils to furni.sh 84 

Third class districts. (See districts.) 

Time— 

Of beginning school in new district 5 
Terms as regards 27 

Treasurer — 
Of county high school committee. . 17 

District 7 

Bond and duties 114 

Countersign warrants, 148 

Hold bond funds 156, 155 

Of union high school committee. . . 21 

Truant officer- - 

Duties and powers SG 

Indigent children 40 

Notify parents 37 

Proceedings against disorderly ju- 
venile person 39 

Search employers' records. 35 

Tuition — 

In county high school 17 

Set by board 87 

u 

Union of districts 12,62 

Union high school- 
Admission and term 24 

Committee 22 

Powers. 23 

Organization 21 

University of Colorado — 

Control 160 

Departments 162 

Support 161 

Territorial institution 159 

V 

Vacancies- 
County superintendent office 54 

District board — 

Causes 8,68,81, 112 

Filled 80, 69 

I^ibrary directors 128 

Visit of Supt. of Pub. instruction . . 53 
Vote— 

Challenge 9 

Couiting district election 9 

To form county high school 16 

Voters. (See elections.) 

Voting places 9 

w 

Warrants — 

Of annulled districts 64 

For district funds 148 

Covmtersigned by district treasurer 114 
Inspected by county superintend- 
ent ." 66 

" No funds " ^ . 150 

Recorded by district secretary 113 

Restrictions on issuing 149 

Signed by president of board Ill 

For state funds 139 

For teachers' normal institutes 174 

Week, school, defined ': 27 

Y 

Year .school defined 27 





















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